IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24512 of 2007 1. Tara Devi, wife of Late Naresh Singh, 2. Ram Bilakchhan Singh, son of Late Ram Udgar Singh, both of village Yadupipra, PS Baheri, Dist. Darbhanga – petitioners. Vs. 1. The State of Bihar, 2. Beena Devi, wife of Ram Parikchhan Singh, village Buchaman, PS Sadar, district Darbhanga – 0pposite parties. 3 7.7.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. In this case notices were issued to opposite party no.2 but no body appears even in spite of service of notice. This application has been filed challenging the order, dated 27.2.2007 passed by the Judicial Magistrate, Darbhanga by which he has issued notices to the petitioners to appear in the case on a petition filed under section 319 of the Cr. P. C. The facts of the case are that on 4.9.2005 the complainant filed an application to summon certain persons to face the trial who were not sent up. The application was dismissed on 28.8.2003 for non-prosecution. Another application under section 319 of the Cr. P. C. was filed on 10.3.2004 by the complainant which was also dismissed. The complainant went in revision and by order, dated 11.4.2005 the revisional court i.e. 2nd Add. Sessions Judge, Darbhanga directed the Judicial Magistrate to hear the matter and pass a reasoned order. The petitioner had come to this court against the order, dated 11.4.2005 which was dismissed for default. The present order under challenge has been passed in compliance of the order, dated 2 11.4.2005. I find that the court below has not discussed the relevant facts before issuing notice under section 319 of the Cr. P. C. The court is bound to give a reasoned order stating explicit reasons for passing the order. The court below ought to have discussed the evidence of the witnesses who have made allegations against the petitioners during the course of their examination in the trial before passing the impugned order. Accordingly the order, dated 27.2.2007 is hereby quashed and this court directs that the Judicial Magistrate, Ist Class, Darbhanga after hearing the petitioner and the complainant should pass a reasoned order giving explicit reasons for allowing the application under section 319 of the Cr. P. C. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)