IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40623 of 2009 1. SANTOSH KUMAR @ SANTOSH MAHTO, SON OF NANDLAL MAHTO, RESIDENT OF MOHALLA NABIGANJ, P.S. BHAGWAN BAZAR, DISTRICT CHAPRA (SARAN). 2. RAJ KUMAR, SON OF SITA RAM, RESIDENT OF MOHALLA NABIGANJ, P.S. BHAGWAN BAZAR, DISTRICT CHAPRA. ----- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOSITE PARTY For the petitioners :- Mr. Gyan Prakash, Advocate For the State :- Dr. Mayanand Jha, A.P.P. ----------- 2 22.2.2010 Petitioners are aggrieved by order dated 24.4.2009 passed by the Chief Judicial Magistrate, Chapra (Saran) in Bhagwan Bazar P.S. Case No. 210 of 2004, U.T. No. 527 of 2009. The facts are that charge sheet was submitted in Bhagwan Bazar P.S. Case No. 210 of 2001 against some of the accused persons whereas investigation was kept pending against accused Bhola Rai, Santosh Mahto, Raj Kumar and Gulla Rai. Subsequently a supplementary charge sheet was submitted against Gulla Rai showing Santosh Mahto and Raj Kumar as innocent. The informant appeared in this case and pointed out that there are materials against the others at paragraph nos. 11, 15 to 19, 37, 48 and 49 and these persons ought to be sent up for trial whereas the counsel for the defence submitted that paragraph nos. 26, 27 and 30 of the supplementary - 2 - case diary shows that the petitioners are innocent. It appears that the Chief Judicial Magistrate found that there is material in the case diary against Santosh Mahto and Raj Kumar. However, the Court did not pass any order taking cognizance with respect to these two persons rather sent them up for trial. The order suffers from an infirmity as the Chief Judicial Magistrate could not have directly sent the petitioners to face trial without passing an appropriate order taking cognizance against the petitioners. It is well settled that the Court cannot sent persons to face trial without following the procedure laid down under the law. In the result, I quash the order dated 24.4.2009 and remit the matter back to the Chief Judicial Magistrate, Saran at Chapra to pass an order in accordance with law. This application is allowed with the aforesaid observations. Sanjay ( Sheema Ali Khan, J. )