IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38518 of 2008 Ramayan Singh, son of Late Ram Keshwar Singh, resident of village- Sahpur, P.S- chenari, Dist- Rohtas Versus State Of Bihar For the petitioner--- Mr. Krishna Prasad Singh Mr. Bhaskar Shankar Mr. Manish Kumar No. 3 For the OP --- Vijay Kumar Verma For the State-- Mr. Jharkhandi Upadhaya 03 19.10.2011 This application under Section 482 Cr. P.C is directed against the order dated 11.12.07 taking cognizance of the offence under Section 379/120B I.P.C and Section 135,138,139 and 140 of the Electricity Act. The learned counsel for the petitioner submits that the petitioner is said to be owner of Mill in which illegal connection of electric was found. In fact the Mill belongs to one Lal Sahab Singh who has given with contention that he has established rice Mill after taking the loan from Punjab National Bank and no irregularity was done in the running the Mill. On perusal of the impugned order it appears that the learned Magistrate on going through the case come to conclusion that prima facie case under Section 120B 379 of the Indian Penal Code and under Section 135,138,139 and 2 140 of Electricity is made out. At the time of taking the cognizance the magistrate is only required to see whether prima facie case is made out on perusal material available in the case diary or not. At that time Magistrate is not required to look into the defence. As such the impugned order does suffers from any illegality. Accordingly this application is dismissed. However, the petitioner is at liberty to raise his defence as raised herein in the trial at the appropriate stage. Namita ( Rajendra Kumar Mishra, J.)