IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2223 of 2008 BIJAY RAM Versus THE STATE OF BIHAR 5 19.5.2010 KHAN Heard counsel for the petitioner and the State. The petitioner prays for quashing of the order dated 11.7.2007 passed by the A.C.J.M., Hilsa, Nalanda in Chandi P.S. Case No.115 of 2006 whereby cognizance has been taken against the petitioner under sections 406, 409, 467, 471, 420 of the Penal Code. Learned counsel for the petitioner submits that the Dy.Superintendent of Police and Superintendent of Police, Nalanda in their supervision has not found the allegation against the petitioner to be true. The impugned order does not give any reason for differing with the final report submitted in favour of the petitioner. Learned State counsel submits that it is well settled that even if final form is submitted and there are materials on record, the learned Magistrate can very well take cognizance if there is prima facie material to proceed against the accused person. He further submits that there is sufficient material in the case diary for proceeding against the petitioner. The order of learned Magistrate does not even show that he is differing from final report. In the circumstances, the impugned order dated 11.7.2007, taking cognizance is quashed and the matter is remitted to the learned Magistrate for fresh adjudication of the matter in accordance with law, within two months from the date of receipt/production of a copy of this order. In the result, this application is allowed. (S.P.Singh,J) - 2 -