IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31232 OF 2008 MANISH KUMAR SRIVASTAVA, SON OF SHRI SHIVJI PRASAD SHRIVASTAVA, MOHALLA MHURMABAD, POLICE STATION MUFASSIL THANA, DISTRICT SIWAN VERSUS STATE OF BIHAR & ANR ********* 3 27/06/2011 Nobody appears on behalf of the petitioner. This application has been filed challenging the order dated 30.05.3007 passed in Siwan Town Police Station Case No. 58 of 2007 by which the Chief Judicial Magistrate, Siwan has taken cognizance for the offences alleged to have been committed under Sections 489© & 489(D)/34 of the Indian Penal Code. It has been stated in this application that no offence is made out under Section 489(D) of the Indian Penal Code as no material is recovered from the possession of this petitioner which would indicate that he was possessing instruments or materials for counterfeiting currency notes or bank notes. The petitioner would be at liberty to raise this issue at the stage of framing of the charges and if the Court below on examining the case diary find, that there is no material to show that the petitioner was in the business of counterfeiting currency notes, I see no reason why charges should be framed against the petitioner under Section 489(D) of the Indian Penal Code, if not 2 already done. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)