IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4966 of 2008 ARBIND SINGH & ORS Versus THE STATE OF BIHAR ----------- 3. 14.5.2010 I have heard Shri N.A.Shamsi, learned counsel for the petitioners and Shri Jharkhanki Upadhyay for the State. The order of cognizance dated 15.11.2007 passed in Belaganj P.S.Case No. 92 of 2006 by the Chief Judicial Magistrate, Gaya is being sought to be quashed through the present petition. After having heard learned counsel for the parties what this Court feels is that the order of cognizance and summoning could not be disturbed by this Court because due application of mind appears from the order passed. However, it was contended that a petition under Section 227 of the Cr. P.C. was filed by the petitioners before the learned Sessions Judge, Gaya and that is pending consideration by the court where the trial arising out of the above noted Belaganj P.S.Case No. 92 of 2006 is presently pending. It is hereby directed that the court which hears the petition under Section 227 of the Cr. P.C. must apply its mind to each and every relevant material and put down the facts and pass a speaking order based on facts of the case so that the petitioners’ grievance that there is absolutely no material justifying the order taking cognizance or summoning the 2 petitioner is duly adjudicated. With the above observation/direction this petition is dismissed. Kanth ( Dharnidhar Jha, J.)