IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25528 of 2007 RAVI SHANKAR PANDEY son of late Janardan Pandey, resident of village- Babhanauli, Police Station Mainatand, District- West Champaran. … Petitioner Versus 1). STATE OF BIHAR 2) Md. Hassan Imam son of Doa Hakim Ansari, resident of village- Sakraul, p.o. Ghorpakari, P.S. Inarwa, District- West Champaran. … opposite parties. ----------- 5. 30.07.2009. Heard counsel for the petitioner and counsel for the State. While this Court is fully satisfied that order taking cognizance and summoning the petitioner does not suffer from any infirmity inasmuch as if there was prima facie allegation in the complaint petition the court had little option but to take cognizance of such offence and summoning the petitioner as well. This Court, however is really amazed with the approach of the judicial officer who has passed the order dated 3.3.2006 dropping the prosecution against the main accused only on the ground that there was some discrepancy in the last name of accused no. 1 “ B. K. Singh” or “B. K. Sinha”. The moment accused no. 1 was identifiable by his description in the petition of complaint as „State Co-ordinator‟, - 2 - Hope Charitable International Trust ABC Complex Second Floor, Room No. 25, Exhibition Road Patna 80001 with Permanent Address- vill. and post- Taraiya, District Chapara, he could not have been spared him merely on the ground of an alleged discrepancy of mere title of his name. This part of the order being wholly perverse is therefore quashed and the court below is directed to reconsider the matter afresh as against accused no. 1 and pass an appropriate order within four weeks of receipt of this order. Notwithstanding any thing said in this order, it would be always open for the petitioner of this case to raise all the relevant issues at the time of framing of the charge. With the aforesaid observations and directions, this application stands finally disposed of. kanchan (Mihir Kumar Jha, J.)