IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56459 of 2007 1. RAJIV RANJAN SHARMA, SON OF RAM SAGAR SHARMA 2. GUNESHWAR KUMAR, SON OF LATE DHANIK KUWAR 3. SANJEEV KUMAR @ TUNTUN, SON OF RAJIV RANJAN SHARMA 4. DINESH KUMAR, SON OF LATE GEETA KUWAR 5. RAJENDRA PODDAR, SON OF LATE GEETA KUMAR ALL RESIDENT OF VILLAGE MANIJAPPA, P.S. MATIHANI, DISTRICT BEGUSARAI. 6. RAM BHUSHAN DAS, SON OF RAM BADAN DAS, RESIDENT OF THAKURBARI MANIJAPPA, P.S. MATIHANI, DISTRICT BEGUSARAI. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. RAM KUMAR DAS SHASTRI, SON OF SRI MAHANTH TRIBHUN DAS, RESIDENT OF OLD THAKURWARI MANIJAPPA, P.S. MATIHANI, DISTRICT BEGUSARAI. ---- OPPOSITE PARTIES ----------- 2 2.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioners have challenged the order of cognizance dated 16.10.2007, passed by the Chief Judicial Magistrate, Begusarai by which he has taken cognizance for offences under Sections 147, 148, 149, 341, 380, 406, 420, 467, 468, 452, 386 and 506/34 of the Indian Penal Code. The complainant claims to be the Mahanth of a Thakurwari who some how got himself appointed by the villagers after the death of Mahanth Ram Ratan Das. It is alleged by the complainant that petitioner no. 5 purchased 141 bags of Raicha and some wheat without making any payment. It is alleged that the petitioner nos. 1 and 3 on the point of pistol put the signature of the complainant on a blank paper and stated that this was by way of Rangbazi. On the basis of the aforesaid allegations a F.I.R. was instituted. After investigation police submitted final report in which it is stated that there is a civil dispute. The Chief Judicial Magistrate, 2 Begusarai has noted this fact and has stated that he has perused the case diary as well as the record but not stated the reasons as to why he found that it is essential to differ with the final report and pass an order taking cognizance. I accordingly quash the order dated 16.10.2007, passed in Matihani P.S. Case No. 127 of 2006 with a direction to the Chief Judicial Magistrate, Begusarai to pass a reasoned order in accordance with law either agreeing and disagreeing with the final report within a period of one month from the date receipt/production of a copy of this order. This application is allowed. Counsel for the petitioners is directed to deposit the cost of FAX for transmitting this order to the Court of the Chief Judicial Magistrate, Begusarai by 15.4.2010, failing which this application shall stand dismissed. Sanjay (Sheema Ali Khan, J.)