Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21598 of 2016 Arising Out of PS.Case No. -36 Year- 2010 Thana -JALALPUR District- SARAN ======================================================

1. Indu Devi Wife of Gopal Singh, resident of village- Bhatkeshri, P.S.- Jalalpur, District- Saran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for quashing the order 2.1.2016 passed by 11th Additional Sessions Judge, Saran at Chapra in Cr. Revision No.143 of 2013/325 of 2014 by which he has dismissed the revision application filed by the petitioner against the cognizance order dated 10.1.2013 and also for quashing the order dated 10.1.2013 passed by the Chief Judicial Magistrate, Saran at Chapra in Jalalpur P.S. Case No. 36 of 2010 by which he has taken cognizance against the petitioner for offences under Sections 341, 323, 337 and 307 of the Indian Penal Code.

Cognizance is taken of the offence, not of the offender.

Patna High Court Cr.Misc. No.21598 of 2016 (2) dt.30-09-2016 The point that has been urged by the petitioner cannot be looked into at this stage, it can only be seen at the time of framing of the charge.

Accordingly this application is dismissed. However, petitioner will be at liberty to raise all points before the court below at the time of framing of charge.

(Shivaji Pandey, J) Vinay/- U T