IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33974 of 2008 Kanti Devi, wife of Suresh Chaudhary, resident of Bari Yusufpur, PS Hajipur Town, Dist. Vaishali – Petitioner. Vs. 1) The State of Bihar, 2) Nagendra chaudhry, son of Bharat Chaudhry, 3) Anita Devi, wife of Nagendra Chaudhry, 4) Ajay Kumar Sharma, son of Late Shiv Shankar Sharma, all of Bari Yusufpur, Ps Hajipur town, Dist. Vaishali – Opp. Parties. 2 8.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 14.3.2008 passed by the Chief Judicial Magistrate, Vaishali in Town PS Case No. 372/2005, arising out of Complaint Case No. 1900/2007, by which the case has been transferred to the competent Magistrate after observing that there is no material to take cognizance in the matter. The observation of the Chief Judicial Magistrate should be ignored by the Magistrate who should apply his independent mind and consider the materials before him, before taking a decision regarding taking of cognizance. This application is, thus, disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)