Pankaj Kumar Tiwary vs The State Of Bihar on 25 April, 2011

               IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr. Misc. No.23994 of 2008
         PANKAJ KUMAR TIWARY son of Late Sitaram Tiwary, resident of village-
         Persaunikhen, P.S.-Chakia, District- East Champaran ...Petitioner

                                     Versus

         THE STATE OF BIHAR                                                    ...OP
                                    -----------

2/ 25.04.2011 Heard the parties.

The petitioner has sought quashing of the order dated

02.02.2008 passed in Trial No.3045 of 2008 by the Judicial

Magistrate, 1st class, Motihari, East Champaran, by which he has

taken cognizance under sections 279 and 304 Indian Penal Code

even though First Information Report was under sections 279,304-A

Indian Penal Code.

Since no prejudice would be caused even if charge is

framed under section 304 Indian Penal Code, I am not inclined to

interfere in the matter, more so because, even subsequently the

charge can be amended if the evidence adduced in the trial so

warrants.

The application is dismissed.

         JA/-                                            (Anjana Prakash,J.)