IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56250 of 2007 Kailash Sharma, son of Late Lakshmi Narain Sharma, village Bagraha, Ahilwar Tola, PS Hasanpur, district Samastipur – petitioner. Vs. 1) The State of Bihar, 2) Renu Devi, wife of Om Prakash Paswan,village Bagraha, Ahilwar Tola, PS Hasanpur, district Samastipur – opp. parties. 2 1.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 20.2.2007 passed by the Judicial Magistrate, Ist Class, Rosera, Samastipur in SC/ST Samastipur (SPR) PS Case No. 37/2006 by which cognizance for the offences under sections 376/511, 341, 323, 448 of the Penal Code and sections 3(x)(xii) of the SC/ST (Prevention of Atrocities) Act has been taken. Learned counsel for the petitioner submits that the Magistrate by his order, dated 20.2.2007 has taken cognizance for the aforesaid offences by differing with the final report submitted by the police. Accordingly the order impugned is quashed and the matter is remitted back to the Judicial Magistrate, Ist Class, Rosera, Samastipur to pass fresh orders in the matter indicating the reasons for differing with the findings of the Investigating Officer. This application is allowed with the aforesaid observation. haque (Sheema Ali Khan, J.)