IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50189 of 2008 1. Baban Singh 2. Lalan Singh, Both sons of Ramadhar Singh 3. Anil Kumar Singh 4. Munji Singh, Both sons of Lalan Singh All resident of village Kharagpura, PS Sikraul, District Buxar ----- Petitioners Versus 1. The State Of Bihar. 2. Durgesh Singh, Son of Sri Moti Singh, Resident of village Babuganj English, PS Sikraul, District Buxar ---- Opposite Parties. For the State :- Mr. Hirday Prasad Singh, A.P.P. ----------- 2 29.6.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by order dated 7.11.2008, passed by the Chief Judicial Magistrate, Buxar in Sikraul PS Case No. 20 of 2008 by which the Court has taken cognizance against the petitioners under Section 302/34 of the Indian Penal Code. On investigation the police came to the conclusion that no case is made out under Section 302/34 as far as petitioners are concerned. The prosecution case is that boys were playing cricket and that one Ravi Kumar hit the deceased by means of a ‘farathi’. Ravi Kumar is being tried under the Juvenile Act. The Chief Judicial Magistrate, Buxar has taken cognizance by differing with the police report without giving a single reason for differing with the said report or noticing the material that has come against the petitioners. 2 Learned counsel for the petitioners submits that there is not a single witness which has supported the participation of these petitioners in the said occurrence. In the circumstances, I quash the order dated 7.11.2008 and direct that the Chief Judicial Magistrate, Buxar should pursue the case diary and thereafter pass fresh orders giving reasons for either agreeing or differing with the charge sheet. Counsel for the petitioners is required to deposit the cost of FAX for communicating this order to the Court concerned within a period of one week. The Court on receiving the copy of this order shall pass an appropriate order within a period of two months thereafter. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)