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Judgment
Rakesh Ranjan Prasad, J.—The order under which cognizance of the offences punishable under Sections 109, 120B read with Section 302 of the Indian Penal Code has been taken against the petitioner is being sought to be quashed on the ground that there has been absolutely no legal material for taking cognizance of the offences as aforesaid. Mr. Anil Kumar, learned counsel appearing for the petitioner submits that this petitioner has been booked in this case upon the outcome of brain mapping test conducted upon the co-accused which cannot be said to be legal piece of the evidence against the petitioner and that apart, nothing has come during investigation and thereby the Court has committed illegality in taking cognizance of the offence against the petitioner.
The petitioner may raise this issue at the time of discharge as that would be appropriate stage for appreciating the submission which had been advanced on behalf of the petitioner. With this observation, this application stands disposed of.