IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42934 of 2009 SHASHI NATH JHA, son of Jiwachh Jha, resident of village Majrahi, PS Rajnagar, district Madhubani – petitioner. Versus STATE OF BIHAR . ----------- 2 23.12.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 3.9.2009 passed by the Chief Judicial Magistrate, Madhubani in G.R. No. 1202/2009, arising out of Rajnagar PS Case No. 114/2009, by which cognizance has been taken against the petitioner for the offences under sections 307, 341, 323 and 324/34 of the Penal Code. The petitioner and the husband of the informant are full brothers and the dispute arises over the partition of property. Learned counsel for the petitioner submits that the petitioner is a Government employee and he had earlier filed a petition before the Officer Incharge of Rajnagar police station bringing to his notice the fact that there is likelihood of breach of peace between the two brothers. During investigation, the Investigating Officer found the case untrue as far as the occurrence under section 323 and 324 of the Penal Code are concerned. The court below has differed with the findings of the Investigating Officer without giving any reason. In a family dispute if there is no medical evidence to support the allegations under sections 323 and 324 of the Penal Code, the court ought to have applied its mind and considered these facts before 2 passing any order of cognizance. In view of the discussions made above, I quash the order, dated 3.9.2009 and remand the matter back to the Subdivisional Judicial Magistrate, Madhubani to reconsider the case and pass a reasoned order after hearing both the parties as to why he thinks it fit to differ with the findings of the Investigating Officer. The petitioner is accordingly directed to produce a copy of this order before the Subdivisional Judicial Magistrate, Madhubani within three weeks so that the Magistrate may dispose of the case within a period of ten days from the date of receipt/production of a copy of this order. This application is allowed with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)