IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37142 of 2008 1) Ramadhar Roy alias Aklu Roy, son of Sri Jai Prakash Roy, village chaita Nirji, PS Bibhutipur, Dist. Samastipur. 2) Vijay Kumar Roy, son of Ram Bahadur Roy, village Lohagir, PS Ujiarpur, Dist. Samastipur – Petitioners. Vs. 1) The State of Bihar, 2) Rekha Devi, wife of Late Manu Sah, villae Tola Lilji Hat chaita, PS nagarghat, Dist. Samastipur – Opp. Parties. 2 15.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by order, dated 22.7.2008 passed by the A.C.J.M., Dalsingsarai in Angarghat PS Case No. 34/2007 by which cognizance has been taken for the offences under sections 302/34 of the Penal Code. The facts of the case are that a U.D. case was instituted by the mother of the deceased stating therein that her son had died by a motor cycle accident. After a couple of months the wife has filed an First Information Report alleging therein that certain persons were responsible for her husband’s death. Both the cases were amalgamated and investigation was conducted which led to the conclusion that Uma Kant was responsible for the death of deceased Mannu Sah. The court differing with the findings of the I.O. on the basis of paragraph 10 of the case diary has concluded that the petitioners are also involved in the occurrence. On perusal of paragraph 10 of the case diary it would appear that it refers to the place of occurrence and does not contain any material which 2 would go to show that the petitioner was involved in the said occurrence. Obviously the order has been passed without application of mind. I accordingly quash the order impugned and this application is allowed. Liberty is granted to the court to reconsider the matter and pass fresh orders in accordance with law. Counsel for the petitioners is directed to produce a copy of the order before the A.C.J.M. Dalsingsarai within three months failing which this application shall stand dismissed. haque ( Sheema Ali Khan, J.)