IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45066 of 2007 AFTAB KHAN @ AFTAB ALAM S/O LATE GHULAM MUSTAFA R/O MOHALLA- MIRDAD, PS- BIHAR DISTT-NALANDA ------------------PETITIONER Versus THE STATE OF BIHAR---------OPPOSITE PARTY ----------- 7 10.4.2009 Heard learned counsel for the petitioner and learned APP for the State. The order under challenge is dated 16.6.2006 by virtue of which cognizance has been taken against the petitioner despite a final form having been submitted by the police against him. Petitioner submits that in absence of any evidence in this regard the prosecution is an abuse of the process of court. On a perusal of the order impugned the learned Magistrate has taken note of certain materials and this is the reason he has differed with the Final Form submitted by the police in favour of the petitioner. In view of the above the Magistrate has committed no illegality in taking cognizance against the petitioner which requires interference. This application is dismissed. It goes without saying that the petitioner has liberty to raise all the points which are available under law at the time of framing of the charge. RPS (Ajay Kumar Tripathi,J.)