IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13470 of 2009 1. Lalan Thakur, son of Late Umesh Thakur, 2. Radhe Shyam Thakur, son of Late Mukund Narain Thakur, both of village Majhaura, PS Bahera, District Darbhanga – petitioner. Vs. The State of Bihar. 3 17.2.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 13.3.2009 passed by the Additional Chief Judicial Magistrate, Benipur in Bahera PS Case No. 284/2007 by which he has taken cognizance by differing with the final form. The order of the Additional Chief Judicial Magistrate refers to paragraphs 5, 6, 7, 8, 9 and 12 of the case diary whereas it appears from the statements made at paragraph no. 10 in this application that there is no direct evidence against the petitioners. Counsel for the petitioners refers to paragraph no.9 in which he has stated that the joint statement of witnesses, Deochandra Jha, Sheo Narain Jha, Subhkant Jha, Harish Chandra Jha and Nazir Ansari shows that the deceased and Jivan Jha and Saroj Hazari dashed each other by a motor cycle whereas paragraph no.12 of the case diary refers to the statements of other witnesses i.e. Radha Raman Jha, Uday Chandra Jha, Narain Jee Thakur, Avinash Thakur and Kishore Kumar Thakur who too have disclosed that Jivan Jha, Prabhas Jha, Saroj Hazari, Fudi Sah, Sumai Jha and Anil Singh had assaulted the deceased. Against these two petitioners it is alleged that since they are related to Jivan Jha, the accused in this case, they wrongly informed 2 the police that the deceased had met with an accident. From the impugned order it is not clear whether the evidence of these persons have been recorded in the case diary nor has the court referred to the contents of paragraphs 5, 6, 7, 9 and 12 of the case diary. Accordingly the impugned order is hereby quashed and the matter is remanded back to the Additional Chief Judicial Magistrate, Benipur to apply his mind to the contents of the case diary and pass an order in accordance with law. This application is allowed. haque (Sheema Ali Khan, J.)