IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13466 of 2008 1. SADANAND SINGH, SON OF LATE RAMCHANDRA SINGH 2. AMNISH @ SONU KUMAR, SON OF SUBODH SINGH BOTH RESIDENT OF MOHALLA LOHIA NAGAR, P.S. TOWN, DISTRICT BEGUSARAI. ------ Petitioners Versus THE STATE OF BIHAR ------ Opposite Parties ----------- 2 22.3.2010 Heard learned counsel for the petitioners and counsel appearing on behalf of the State. This application has been filed challenging the order dated 29.1.2008, passed by the Chief Judicial Magistrate, Begusarai, in Begusarai (Town) P.S. Case No. 286 of 2007, corresponding to G.R. No. 2357 of 2007, by which these petitioners along with four others have been summoned to face trial for the offence under Sections 341, 326, 109, 307 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that the petitioner were not charge sheeted in this case rather the Investigating Officer found that they were not involved in the occurrence, and as such exempted them from facing trial. The Chief Judicial Magistrate while taking cognizance by order dated 29.1.2008 has held that there is sufficient material in the case diary against the accused namely Sadanand Singh and Amnish @ Sonu Kumar besides the remaining four accused. In my opinion, the Chief Judicial Magistrate can peruse the case diary and can differ from the findings of the Investigating Officer. However, if he is giving a view contrary to that taken by the Investigating Officer, the materials referred to should be discussed so that this Court should know that prima facie the Court has applied its mind and also the reasons behind differing from the findings of the Investigating Officer. In the result, I quash the order dated 29.1.2008 as far as it concerns the petitioners and refer the matter back to the Chief Judicial Magistrate, Begusarai to pass an order afresh indicating how the Court has found that prima facie case is made out against the petitioners. This application is disposed of with the aforesaid observations and directions. Counsel for the petitioners is permitted to deposit the cost of FAX by 25.3.2010 to communicate this order to the Court of the Chief Judicial Magistrate, Begusarai, in default of which this application shall stand dismissed. Sanjay ( Sheema Ali Khan, J.)