IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.36044 OF 2008 1. KAMRUL, SON OF MURSHID 2. MARTOZA, SON OF MAZITULLA 3. MANTU, SON OF MD. HASAN 4. MD. TAIYAB, SON OF LATE ZAHIRUDDIN 5. SK. ABDUL DEALER, SON OF MAIMUDDIN 6. MD. KHALIQUE, SON OF SAIDUR RAHMAN 7. BUTTU, SON OF MAZITULLA 8. TASNIF, SON OF BHELSU 9. KAMAL, SON OF MAJID ALL RESIDENT OF VILLAGE BIJOL, POLICE STATION BALRAMPUR (TETTA), DISTRICT KATIHAR ……………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. GUNODHAR, SON OF LATE SANT LAL RAI, RESIDENT OF VILLAGE MATHARPUR, POLICE STATION BALRAMPUR (TETTA), DISTRICT KATIHAR ……………………………………………………………………….OPPOSITE PARTIES ******* 4 05/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners have challenged the order dated 114.12.2005 passed in Balrampur Police Station Case no. 24 of 2005 and the order dated 24.07.2008 passed in Criminal Revision No. 39 of 2006. By the order dated 14.12.2005, the Court below has taken cognizance under Section 436 of the Indian Penal Code although the charge sheet was submitted under Section 147, 148, 323 & 342 of the Indian Penal Code. If the Court wants to defer with the charge sheet, the Court ought to have given reasons for taking cognizance under Section 436 of the Indian Penal Code. 2 Considering this aspect of the matter, the orders aforesaid are hereby quashed and the matter is remanded back to the Chief Judicial Magistrate, Katihar to take a fresh decision in the matter within a period of one month from the date of receipt/production of a copy of this order. This application is accordingly allowed. Anand ( Sheema Ali Khan, J.)