IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23994 of 2008 PANKAJ KUMAR TIWARY son of Late Sitaram Tiwary, resident of village- Persaunikhen, P.S.-Chakia, District- East Champaran …Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 25.04.2011 Heard the parties. The petitioner has sought quashing of the order dated 02.02.2008 passed in Trial No.3045 of 2008 by the Judicial Magistrate, 1st class, Motihari, East Champaran, by which he has taken cognizance under sections 279 and 304 Indian Penal Code even though First Information Report was under sections 279,304-A Indian Penal Code. Since no prejudice would be caused even if charge is framed under section 304 Indian Penal Code, I am not inclined to interfere in the matter, more so because, even subsequently the charge can be amended if the evidence adduced in the trial so warrants. The application is dismissed. JA/- (Anjana Prakash,J.)