IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24332 of 2007 1. RAMA KANT SHARMA Son of Late Pandit Ram Dayal Joshi, Joint Managing Director, Shree Baidyanath Ayurved Bhawan (P) Limited, Resident of Baidyanath Ayurved Bhawan( P) Limited, Baidyanath Bhawan Road, P.S. Jakkanpur, District Patna 2. Vikram Sharma @ Vikram son of Sri Rama Kant Sharma, President, Shree Baidyanath Ayurved Bhawan (P) Limited, Baidyanath Bhawan Road, P.S. Jakkanpur, District-Patna --------------------- Petitioners Versus 1. THE STATE OF BIHAR 2. Inspector of Police-cum- Officer in Charge, Jakkan pur P.S.Jakkan Pur, District-Patna-20 3. Manil Prabha Sharma wife of Late Ganesh Prasad Sharma, Shree Baidyanath Ayurved Bhawan ( P) Ltd, Patna Baidyanath Bhawan Road, Chireyatar, P.S. Jakkanpur, Patna-2 ------------------ Respondents ----------- 5 07-11-2008 Heard Sri Rana Pratap Singh, Sr. Advocate, learned counsel for the petitioners, as also Mr. Jharkhandi Upadhaya, learned A.P.P. for the State and Mr.Manish Kumar ,learned counsel for Opp.Party no.3. The grievance of the petitioners is against the order dated 22.12.2005 passed in Jakkanpur P.S. Case no.160 of 2005 by Sri Manoj Kumar No.II, Judicial Magistrate, Ist Class, Patna, whereby having differed with the final form submitted against petitioner no.1, Rama Kant Sharma , by the police , the learned Magistrate has taken cognizance under Sections 448, 341,323,307,379/34 I.P.C. From the impugned order it appears that the learned Magistrate having perused the chargesheet and the case diary formed the opinion that prima facie case under Sections 448,341,323,307 and 379/34 I.P.C had been made out against Vikram Sharma @ Vikram - 2 - and Rama Kant Sharma and, accordingly, took cognizance. Unfortunately, the reasons or the materials before the Magistrate for having differed from the final form submitted by the police against Rama Kant Sharma have neither been disclosed nor divulged and one is left to guess as to what materials were available to prevail upon the learned Magistrate to take cognizance against Rama Kant Sharma. In that view of the matter, while setting aside the order dated 22.12.2005, the matter is remitted back to the learned Chief Judicial Magistrate, Patna to reconsider the matter and pass fresh orders stating therein the materials or reasons for differing with the police report. In the light of the observations made above this application is disposed of. ( Abhijit Sinha, J) NKS/-