IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.29294 OF 2008 1. RAMJANAM SAHANI, SON OF DEV RAJ SAHANI 2. SUBHAS SAHANI, SON OF DEV RAJ SAHANI 3. GIRIJA SAHANI, SON OF MODHI SAHANI 4. DASAI SAHANI, SON OF VIKARMA SAHANI 5. DEV RAJ SAHANI, SON OF LATE YADHA SAHANI 6. SUDAMA SAHANI, SON OF VIKARMA SAHANI ALL RESIDENT OF VILLAGE PANAPUR TODHIWA TOLA, POLICE STATION HARSIDHI, DISTRICT EAST CHAMPARAN ……………………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR ………………………………………OPPOSITE PARTY ********* 2 22/06/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the order dated 09.06.2008 passed in Harsidhi Police Station Case No. 39 of 2008 by which the Chief Judicial Magistrate, East Champaran at Motihari has taken cognizance for the offences alleged to have been committed under Sections 302, 341, 323, 504/34 of the Indian Penal Code. Learned Counsel for the petitioners submits that there was a fight between the Sahani and Yadav groups. The investigation was carried out and the names of several of the persons who were present at the place of occurrence was substantiated during the investigation. It has been submitted that as far as these petitioners are concerned, they have been involved in this case merely because there was a title suit pending between the 2 parties. In the impugned order, the Chief Judicial Magistrate has not assigned any reasons for differing with the conclusions of the Investigating Officer. In the circumstances, I quash the order dated 09.06.2008 and direct the Chief Judicial Magistrate, Motihari to apply his mind and pass an appropriate orders in accordance with law after considering the case diary of this case. This application is allowed to the extent indicated aforesaid. Let a copy of this order be communicated to the Chief Judicial Magistrate, East Champaran at Motihari through fax at the cost of the petitioner if deposited within a period of one week from today, failing which, this application shall stand dismissed without further reference to a Bench. Anand ( Sheema Ali Khan, J. )