IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34202 of 2009 Bijoy Kumar Ambasth, son of Sri Ram Lakhan Prasad, Mohalla Murgiachak, Ward No. 7, PS and district Khagaria – petitioner. Vs. 1) The State of Bihar, 2) Mr. Ram Nandan Prasad, son of Sri Mushay Prasad, village Tara Bariyarpur, PS Khodawandpur, district Begusarai, at present Junior Electrical Engineer, Electric Supply Division / Section (South) Urban Khagaria, PS and district Khagaria – opp. parties. 2 19.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Bihar State Electricity State. This application has been filed for quashing the order, dated 19.11.2009 passed by the Judicial Magistrate, Ist Class, Khagaria in Khagaria (Chitragupta Nagar) PS Case No. 87/2006, G.R. No. 242/2006 by which cognizance has been taken against the petitioner for the offences under section 379 of the Penal Code and 39, 44 of the Electricity act and section 3(2A) of the Damage to Property Act. The allegation is that the raiding party found that the persons residing in the Chunchun Babu Ki Gali, Khagaria were stealing electricity from the main line which has caused a loss of rs. 25,000/-. The petitioner filed a petition before the Chief Judicial Magistrate, Khagaria who directed the Electrical Supply Subdivision, Khagaria to make enquiry as to whether the petitioner was residing in Chunchun Babu Ki Gali or not. Apparently no report was received by the Chief Judicial Magistrate. The case was investigated and final form was submitted with respect to the petitioner and three others which is apparent from Annexure 7. The Chief Judicial Magistrate apparently without applying his mind and considering that the 2 Investigating Officer had not found the case true against the petitioner and without considering the reasons why the case was not found true has taken cognizance as aforesaid. I, therefore, quash the order, dated 19.11.2009 as far as it concerns the petitioner and remand the matter back to the Chief Judicial Magistrate, Khagaria to pass a fresh order in accordance with law. This application is, thus, allowed. haque (Sheema Ali Khan, J.)