IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34317 of 2008 1. Rehan Ahmad, Son of Late Bashir Ahmad 2. Tahir Ahmad, Son of Rehan Ahmad Both residents of Sohnipatti, Buxar, PO Buxar, PS Buxar Town, District Buxar -- Petitioners Versus 1. The State Of Bihar. 2. Akhtar Ali, Son of Late Ilahi, Resident of Sohnipatti, Buxar, P.O. Buxar, P.S. Buxar Town, District Buxar --- Opposite Parties ----------- 2 11.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the order of cognizance dated 1.5.2008. Petitioner nos. 1 and 2 are father and son and next door neighbours of the person who was injured in this case. During investigation, it transpires that petitioner no. 1 was not present at the place of occurrence whereas petitioner no. 2 was also said to be not present at the place of occurrence. It has further been stated that petitioner no. 2 is a juvenile as he was only 15 years and 4 months old on the date on which the occurrence is said to have taken place i.e. 18.11.2007. The Chief Judicial Magistrate, Buxar has differed with the final form exonerating these two petitioners, without giving any reasons for differing with the final form. In the result, I quash the order dated 1.5.2008 passed in Buxar Town P.S. Case No. 189 of 2007 and remand the matter back to the Chief Judicial Magistrate, Buxar to reconsider the matter in accordance with law after pursuing the case diary and also considering the issues raised on behalf of the 2 petitioners that the petitioner no. 2 is juvenile. This order will be subject to the fact that the trial has not been commenced in this case. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)