IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8180 of 2009 1. SATYA BHAMA DEVI @ BHAMA MATI DEVI wife of Bharat Mahto & 2. Aparna Aryani daughter of Bharat Mahto, Both resident of village- Sarengarh, P.S. Makhdumpur (Tehta OP) District- Jehanabad ….Petitioners Versus 1. THE STATE OF BIHAR & 2. Yashoda Devi wife of Mahendra Prasad, resident of village- Sarangarh, P.S. Makhdumpur (Tehta OP), District- Jehanabad …Opposite Parties ----------- 2/ 25.08.2010 No one appears for the petitioners. The petitioner has sought quashing of the order of cognizance dated 7.1.2009 passed by the Judicial Magistrate, 1st class, Jehanabad, in Makhdumpur P.S. case no.178 of 2008, on the ground that section 308 Indian Penal Code is mentioned in the order impugned which was not made out and he has not taken cognizance under section 379 Indian Penal Code. Since at the stage of framing of charge the Magistrate is required to see whether prima facie case is made out and the sections are irrelevant, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash, J.)