IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40656 OF 2008 BALYOGESHWAR SHARMA @ LALI, SON OF SHRI BHAIRAV SHARMA, RESIDENT OF VILLAGE PHARAURA, POLICE STATION AGIAON BAZAR, DISTRICT BHOJPUR AT PRESENT CONSTABLE NO. 13, VIGILANCE DEPARTMENT, ELECTRICITY CELL, PATNA ……………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. SUNITA DEVI, WFIE OF SHRI MANIK CHAND BAITHA, RESIDENT OF EMERGENCY COLONY, RAILWAY QUARTER NO. 159, AT PRESENT RESIDENT OF MOHALLA HIRDAYAGANJ, POLICE STATION KATIHAR, DISTRICT KATIHAR ……………………………………………………………………….OPPOSITE PARTIES ********** 3 01/08/2011 Nobody appears on behalf of the petitioner. Heard Counsel for the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 02.08.2008 passed in C.A. Case No. 1295 of 2008 by which the Judicial Magistrate, 1st Class, Katihar has taken cognizance for the offences alleged to have been committed under Sections 500, 504 and 506 of the Indian Penal Code. A complaint has been filed on behalf of the Ex-M.L.A. from Korha Legislative Assembly Constituency. It has been alleged that the petitioner, who was the security guard of Opposite Party No. 2, has tried to malign the character of the Opposite Party No. 2. The petitioner was later on removed from the post and as such he has made several lurid allegations 2 against the Opposite Party No. 2. A defence has been raised on behalf of the petitioner that this case has been filed in order to take financial advantage from Opposite Party No. 2 as it has been submitted that the complainant/Opposite Party No. 2 has not denied the allegations made and published in the newspaper and as such she has admitted the facts. All these aspects of the matter would be considered at the appropriate stage of the case. These grounds cannot be raised for the purposes of holding that the order taking cognizance is bad. I, therefore, find no reason to interfere with the order impugned. This application is accordingly dismissed. Anand (Sheema Ali Khan, J.)