IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43496 of 2007 RAM NATH SAH Versus STATE OF BIHAR & ANR ----------- 3. 06.01.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel for the opposite party no. 2. The petitioner questions the FIR and the entire criminal prosecution as also the order of cognizance dated 6.1.2007 in allegations under Sections 307, 379 and other provisions read with Section 34 of the Penal Code. The FIR alleges that the petitioner as a member of the unlawful assembly took away gold chain of wife of the informant. To that extent the allegation clearly constitute an offence fit to go to trial. It is not for this Court at this stage to go into the correctness of the allegation. That the police may have submitted a final form differing with which cognizance has been taken is a power validly vested in the magistrate and does not warrant any interference in exercise of powers under Section 482 Cr.P.C. This application is rejected. Snkumar/- (Navin Sinha,J.)