IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8633 of 2008 1. Minwa Devi W/o Satish Yadav 2. Fulmatiya Devi W/o Anay Yadav 3. Savita Devi W/o Ranjeet Yadav All resident of Village- Idinpur, Police Station- Tekari, District- Gaya -----------------Petitioners Versus 1. State Of Bihar 2. Vijendra Yadav S/o Pappu Yadav, resident of village- Idinpur, Police Station- Tekari, District- Gaya -------------Opposite Parties ----------- 02. 15.02.2010 No one appears on behalf of the petitioners. The petitioners have challenged the order taking cognizance in Tekari P.S. Case No. 99 of 2006. All the three petitioners are ladies and they state in their petition that the independent witnesses have not named them as participating in the occurrence and the entire case has been instituted because of a land dispute. It is said that the dispute is with regard to taking possession over a Gair Mazarua land. The order of the Judicial Magistrate, Ist Class, Gaya does not indicate the reasons as to why he has differed with the findings of the Investigating Officer and merely by referring to paragraphs of the case diary, without looking into the contents thereof in itself does not establish a reason for differing with the First Information Report. The order dated 22.08.2008 as far as it concerns with the petitioners is quashed with an observation that the 2 Judicial Magistrate, Ist Class to take into account the paragraph Nos. 9, 10, 22, 23 along with paragraph Nos. 31, 32, 33, 34 and 49 of the case diary before taking cognizance against these petitioners. The application is allowed with the aforesaid observations. P. Kumar (Sheema Ali Khan, J)