IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39585 of 2009 1. Ram Lakhan Choudhary, son of Late Tej Narayan Choudhary, 2. Sanjay Kumar Choudhary, 3. Vijay Kumar Choudhary, both sons of Ram Lakhan Choudhary, all of Tulshipur, PS Kharik (Naugachia), District Bhagalpur – petitioners. Vs. The State of Bihar. 2 12.1.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 12.1.2009 passed by the Additional Chief Judicial Magistrate, Naugachia in Khari PS Case No. 137/2008 by which cognizance has been taken for the offences under sections 341, 323, 324, 504, 307 and 34 of the Penal Code and 27, Arms Act. Learned counsel for the petitioners submits that charge sheet has been submitted under sections 341, 383 and 504/34 of the Penal Code whereas cognizance has been taken as aforesaid. No doubt the Magistrate can differ from the charge sheet but while doing so some reason should be given in the order which weighed in the mind of the Court, leading him to differ with the findings of the Investigation Officer. Counsel for the petitioners submits that in fact no case is made out under section 307 of the Penal Code and yet the court has taken cognizance under the aforesaid section without application of mind. Accordingly, the order, dated 12.1.2009 is hereby quashed with a direction to the Additional Chief Judicial Magistrate, 2 Naugachia to apply his mind afresh and pass a speaking order with respect to taking cognizance under section 307 of the Penal Code. This application is, thus, allowed. haque (Sheema Ali Khan, J.)