IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17516 of 2010 1. ARUN KUMAR OJHA S/O SRI RAM CHANDRA OJHA 2. SRIKRISHNA OJHA S/O LATE SURYADEO OJHA 3. AJAY KR. OJHA S/O LATE JANARDAN OJHA 4. SANJAY KR. OJHA S/O SRI KRISHNA OJHA 5. ANUJ KR. OJHA S/O LATE SHAMBHUNATH OJHA ALL R/O VILLAGE SISWANIYA, P.S. RAMGARWA, DISTRICT- EAST CHAMPARAN, MOTIHARI ………………… Petitioners Versus THE STATE OF BIHAR …………. Opposite Party ----------- 2. 13.01.2011 Heard the parties. It has been submitted that the S.D.J.M., Motihari has passed the order of cognizance in Ramgarhwa P.S. Case No. 89/09 also considering the protest petition and materials brought by the informant that statement of witnesses of affidavit while taking cognizance which was against the process of law. Since it is settled question of law the order dated 11.03.2010 is set aside with a direction to S.D.J.M., Motihari to pass fresh order within a period of 4 weeks, on the final report submitted by the police with due notice to the informant confining himself to the materials collected during investigation. With these observations the application is disposed off. Fahad. ( Anjana Prakash, J. )