Full Judgment
23. 01-2012 Heard Mr. Shankar Kumar, learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 17.11.2011 passed by Smt. Rashmi Shikha, learned Chief Judicial Magistrate, Sitamarhi in the case arising from Dumra P.S. Case No. 276 of 2010 (Tr. No. 956 of 2011) whereby the learned Chief Judicial Magistrate has been pleased to take cognizance for the offence punishable under Section 302/34 against the accused including the petitioner. Learned counsel for the petitioner with reference to the allegation set out in the F.I.R., submits that the only specific overt act attributed to this petitioner is of assaulting the mother of the informant and that no injury was found on the person of the mother. He further submits that during the course of investigation no tangible material has been gathered against the Patna High Court Cr.Misc. No.715 of 2012 (2) dt.23-01-2012 2 petitioner and it is in these circumstances that the petitioner had not been sent up for trial by the Investigating Agency. It is submitted that learned Magistrate also did not take cognizance of the offences against the petitioner on two occasions and that it is only on the third occasion that cognizance has been taken for the offence punishable under Section 302/34 against petitioner and one other vide the impugned order dated 17.11.2011. Having heard learned counsel for the parties and having perused the materials on record, this Court is of the opinion that the issue raised by learned counsel for the petitioner can well be raised by him at the stage of framing of the charge. With the aforesaid observation, this application stands disposed of. (Jyoti Saran, J.) Bibhash 2