Nitya Narayan Chaubey vs State Of Bihar on 30 November, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr. Misc. No.7351 of 2010
            NITYA NARAYAN CHAUBEY, son of Padmadh Chaubey, resident of village-
            Aeroo, P.S.- Wazirganj, District- Gaya            ....Petitioner

                                           Versus

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

2/ 30.11.2010 Heard the parties.

The petitioner has sought quashing of the order dated

16.11.2009 by which the Chief Judicial Magistrate, Gaya, has taken

cognizance under section 380 Indian Penal Code in Civil Lines P.S.

case no.40 of 2009.

It has been submitted that from the First Information

Report itself it appears that apart from suspicion there is no cogent

material against him.

I am unable to appreciate that cognizance cannot be taken

only on the basis of suspicion.

The application is dismissed.

     JA/-                                                   (Anjana Prakash, J.)