JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Manoj Kumar Choubey, learned counsel appearing for the petitioner and Mr. Suraj Verma, learned Spl. P.P. for the State.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This criminal miscellaneous petition has been filed for quashing the order dated 07.08.2020 passed in connection with Manjhion P.S. Case No. 85 of 2020 corresponding to G.R. No. 1143 of 2020, whereby cognizance has been taken against the petitioner, pending in the Court of learned Judicial Magistrate, 1st Class, Garhwa.

4. Learned counsel appearing for the petitioner submits that the cognizance order is not in accordance with law. He further submits that there is no material against the petitioner, in spite of that cognizance has been taken. According to him, in view of the last order, counter affidavit has been filed on behalf of the State and only omnibus allegation has been made in the counter affidavit and no specific all