IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38112 of 2008 1) Murli Sah, son of Late Hari Lal Sah, 2) Chandan Sah, son of Murli Sah, Both of village Bishambharpur, Ps Kalyanpur, District East Champaran, Motihari – Petitioners. Vs 1) The State of Bihar, 2) Sunaina Devi, wife of Shivnath Sah, village Bishambharpur, PS Kalyanpur, District East Champaran – Opp. Parties. 2 19.7.2011 Heard Dr. Amrendra Kumar No.1, counsel for the petitioners and Mr. Umanath Mishra, A.P.P. for the State. The petitioners are aggrieved by order taking cognizance, dated 22.3.2007 passed in Kalyanpur PS Case No. 79/2006 by the C.J.M, Motihari against the petitioners and the revisional order, dated 31.5.2008 passed in Cr. Revision No. 201/2007 by the Additional Sessions Judge, FTC II, Motihari. Learned counsel for the petitioners submits that the case was investigated and after investigation charge sheet was submitted against four accused persons. However, these two petitioners were not sent up for trial. The petitioners are aggrieved by the fact that the C.J.M, Motihari without taking into account the charge sheet submitted by the I.O. and without stating the reasons for differing with the charge sheet submitted, has taken cognizance against the petitioners as well. The Additional Sessions Judge, FTC II, Motihari has similarly not considered this aspect of the matter and has dismissed the revision application. I accordingly quash the impugned orders and remand 2 the matter back to the C.J.M, Motihari to reconsider the case of the petitioners. In case charges have been framed, then this order would obviously become infructuous. The petitioners are directed to produce a copy of this order before the court concerned within one month. The C.J.M, should pass an appropriate order within two months on appearance of the informant. This application is disposed of with the aforesaid direction. haque ( Sheema Ali Khan, J.)