IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25319 of 2007 HARI SHANKAR PRASAD VERMA & ORS Versus STATE OF BIHAR & ANR ----------- 3. 21.7.2009 The petitioners have filed this quashing application challenging the order dated 28.9.2006 whereby the Chief Judicial Magistrate, Ist Class, Sitamarhi has taken cognizance under Section 324 of the Indian Penal Code. The main grievance of the petitioners is that on the basis of the allegations made out in the complaint petition is that the medical report is incomplete as it does not indicate how the Doctor came to the conclusion that the complainant was suffering from food poisoning. In my opinion, this aspect can only be confirmed or considered at the time of trial when the Doctor is examined in this case and this Court cannot assess the medical evidence at this stage. It was further submitted that against the petitioner nos. 2 and 3 no offence is made out under Section 304 of the Indian Penal Code as they are not directly connected with the occurrence. I am not inclined at this stage to appraise the evidence of this case. However, petitioner nos. 2 and 3 can raise all questions in this petition at the time of framing of charges. This application is thus dismissed. P. Kumar (Sheema Ali Khan, J.)