IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.32114 OF 2008 ASHOK KUMAR @ ASHOK SINGH, SON OF SHRI PARBAT SINGH, RESIDENT OF VILLAGE MAJHAUWA, POLICE STATION ARA TOWN, DISTRICT BHOJPUR VERSUS 1. THE STATE OF BIHAR 2. VINOD KUMAR SINGH, SON OF LATE RAMESHWAR SINGH, RESIDENT OF K. G. ROAD, NAWADA, POLICE STTION NAWADA (ARA), DISTRICT BHOJPUR AT ARA ********* 2 30/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 31.01.2005 passed in Ara Nawada Police Station Case No. 72 of 2003 (G.R. No. 986 of 2005/Trial No. 330 of 2005 arising out of Complaint Case No. 1300 (C) of 2001 by which the Chief Judicial Magistrate, Ara has taken cognizance for the offences alleged to have been committed under Sections 420 and 406 of the Indian Penal Code. Counsel for the petitioner submits that in the complaint petition, complainant has not made any allegation which would come within the purview of Sections 420 and 406 of the Indian Penal Code and as such, the Court below while taking cognizance ought not have added these two sections. These aspects of the matter can be argued at any stage of the case and the Court always have the right 2 to amend the charges if it finds that no offence is made out under the sections concerned. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J. )