IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5265 of 2008 SANJAY KUMAR, Son of Sri Rajendra Prasad, resident of Village- Babhana, Police Station and District- Jehanabad.................Petitioner. Versus THE STATE OF BIHAR.........................................Opposite Party. ----------- 4. 19.04.2010. Heard learned counsel for the petitioner and learned counsel for the State. The present application has been filed for quashing the order dated 08.11.2007 passed by the learned Chief Judicial Magistrate, Jehanabad, whereby he has taken cognizance under Section 396 of the Indian Penal Code in Makhdumpur P.S. Case No. 191 of 2007. It is submitted by the learned counsel for the petitioner that he was neither named in the First Information Report nor he was sent up by the police after investigation but mechanically without any material, the learned Magistrate has taken cognizance. I am not inclined to interfere with the order of cognizance dated 08.11.2007 passed by the learned Chief Judicial Magistrate, Jehanabad, in Makhdumpur P.S. Case No. 191 of 2007 at this stage. Hence, this application is dismissed. However, the petitioner is at liberty 2 to raise all these issues at the time of framing of charges if it has already not been framed. U.K. (Dinesh Kumar Singh,J)