IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.7213 OF 2010 1. RAJ KISHORE VERMA @ BABLOO SINGH, SON OF NIRPENDRA SINGH, RESIDENT OF VILLAGE BARI PASRAHA, POLICE STATION PASRAHA, DISTRICT KHAGARIA 2. JAWAHAR SINGH, SON OF BASUDEO SINGH, RESIDENT OF VILLAGE BARI PASRAHA, POLICE STATION PASRAHA, DISTRICT KHAGARIA …………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ********** 2 09/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Counsel for the petitioners submits that final form was submitted and the petitioners were exonerated by the Police after investigation whereas the Court below has proceeded to take cognizance by differing with the findings of the Investigating Officer. It is further submitted that there is not an iota of evidence against the petitioners in the case diary and the Court below has not indicated the reasons for differing with the final form. In the result, the order dated 03.02.2010 passed in Pasraha Police Station Case No. 10 of 2007, giving rise to G.R. No. 1704 of 2007 pending before the Chief Judicial Magistrate, Khagaria is set aside. The matter is remanded back to the Chief Judicial Magistrate, Khagaria for passing fresh orders by referring to the materials in the case diary which has led 2 the Court below to the conclusion that the petitioners are prima facie involved in the case under Section 302 and 120B of the Indian Penal Code. The order should be passed within a period of three weeks from the date of receipt/production of a copy of this order. A copy of this order may be communicated to the Court of Chief Judicial Magistrate, Khagaria through fax if the cost is deposited by the petitioners within a period of two days from today. If the cost of fax is not deposited within the period aforesaid, this application shall stand dismissed for non-compliance of the Court’s order. This application is allowed with the aforesaid stipulation. Anand ( Sheema Ali Khan, J.)