IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21177 of 2007 MANISH SHARMA son of Ramesh Sharma, M/S Vijay Road Lines, H.O.-7, Ganpat Bagla Road,Mala Para, Kolkata-7 ----------- Petitioner Versus 1. THE STATE OF BIHAR 2. Prem Kumar Mangotia S/O Late Prahlad Rai Mangotia Partner M/S Standard Agencies, Gaushala Road, P.S.- Begusarai, Town District-Begusarai. ----------- Opp.Parties. ----------- 3 30-09-2008 Heard Mr. Manoj Kumar, the learned counsel for the petitioner as also Mr. Naresh Chandra Verma, the learned counsel for Opp.Party no.2 and Dr. Maya Nand Jha, learned A.P.P. for the State. The petitioner who has been made to figure as one of the accused in Complaint Case No.1124 of 2006 has prayed for the quashing of the order dated 22.11.2006, whereby Sri Kaushlesh Kumar Singh, Judicial Magistrate, Ist Class, Begusarai has taken cognizance under Sections 409 and 420 I.P.C.against the petitioner. Submission on behalf of the petitioner is that he is neither a proprietor nor has any connection with M/S Vijay Road Lines and, therefore, his prosecution in the instant case would be an abuse of the process of the court. The submission advanced by the learned counsel for the petitioner is his defence and cannot be looked into in a proceeding under Section 482 Cr.P.C. The petitioner will be well advised to raise all these issues at the time of framing of the charge. - 2 - With the aforesaid observations, this application is disposed of. ( Abhijit Sinha, J) NKS/-