IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34089 of 2009 1. Ram Dayal Prasad, 2. Sunil Prasad alias Sunil Kumar, 3. Anil Prasad alias Anil Kumar, all sons of Late Sher Bahadur Prasad, 4. Soma Devi, wife of Late Sher Bahadur Prasad, 5. Runa Devi, wife of Sri Anil Prasad @ Anil Kr., 6. Janki Devi, wife of Sri Sunil Prasad @ Sunil Kr., all of village Samasthu Asthan, Bihta, PS Bihta, District Patna – petitioners. Vs. The State of Bihar. 2 14.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 12.6.2009 passed by the Additional Sessions Judge II, Patna in Cr. Revision No. 149/2009 which was preferred against the order, dated 22.9.2008 passed by the Additional Chief Judicial Magistrate, Danapur in Bihta PS Case No. 203/2008 by which cognizance for the offences under sections 341, 342, 323, 337, 354 and 379 of the Penal Code was taken. Learned counsel for the petitioners submits that the occurrence has taken place on 26.8.2008 as per the FIR whereas the injury report is, dated 23.8.2008. It means that the injury report which has been produced in support of the allegations under the aforesaid sections of the Penal Code is falsified. I find that the court below has not taken into consideration the medical report. I, therefore, quash the order, dated 12.6.2009 and remand the matter to the Additional Sessions Judge II, Patna who will examine the case diary and consider whether any charges are made out under section 323 and connected sections of the Penal Code with 2 respect to the occurrence in question within one month from the date of receipt / production of a copy of this order. This application is, thus, allowed. Counsel for the petitioners is permitted to deposit the cost of Fax for communicating this order to the Judicial Magistrate, Ist Class, Danapur in Bihta PS Case No. 203/2008, G.R. No. 2011/2008. haque (Sheema Ali Khan, J.)