Dipak Misra, J.

1. The present application under Section 482 of the Code of Criminal Procedure has been filed for quashment of the order dated 27.8.2009 passed by the learned Judicial Magistrate, 1st Class, Muzaffarpur by which he has taken cognizance in respect of the offences punishable under Sections 323, 504 and 379 of the Indian Penal Code in Complaint Case No. 1042 of 2009.

2. Questioning the correctness of the order Mr. Manan Kumar Mishra, learned Senior Counsel for the petitioners submitted that the learned Magistrate has not applied his mind before taking cognizance and, in fact, has passed the order in a mechanical manner. It is urged by him that the learned Magistrate has remained oblivious of the factum that before issuing notice he has to keep in mind that issuance of notice, unless warranted, would cause hardship to the person, who has to appear in a criminal court. Learned counsel has also contended that Rule 31 of the Criminal Court Rules of the High Court of Judicature at Patna has been totally given a go-by by the court below as a result of which the order passed by him has become sensitively vulnerable. It is his further submission that the complainant i