IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7224 of 2010 1. BAHADUR RAI son of Late Uttim Rai, 2. Md. Haider Ali, 3. Hasmat Ali, 4. Daulat Ali, 5. Ashraf Ali @ Chote 6. Shaukat Ali & 7. Md. Ali, All son of S. K. Manjur Alam, All resident of village- Kalwari Majharia, P.S. Adapur, District-East Champaran ….Petitioners Versus THE STATE OF BIHAR …OP ----------- 2/ 26.11.2010 Heard the parties. It has been submitted that Sub-Divisional Judicial Magistrate, Raxaul at Motihari, has taken into consideration the protest petition while taking cognizance by order dated 27.1.2010 in Adapur P.S. case no. 55 of 2009. Since the point of law has been raised on behalf of the petitioners, I see no justification in issuing notice to the informant. In a case instituted on a police report only the entries in the case diary and such other materials collected during investigation by the police can be taken into consideration. Evidently, the order dated 27.1.2010 passed by the Sub-Divisional Judicial Magistrate, Raxaul, Motihari, is bad. In view of such, this application is allowed and the order dated 27.1.2010 passed by the Sub-Divisional Judicial Magistrate, Raxaul, Motihari, in Adapur P.S. case no.55 of 2009 is hereby set aside and the matter is remanded back to the court below for passing a fresh order in the matter. Application stands allowed. JA/- (Anjana Prakash, J.)