IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25621 of 2007 DEO KUMAR YADAV Son of Radha Krishna Yadav, resident of Village. Kamalabari, Tola Godhiyari, Police Station—Jayanagar, District-Madhubani ------- ----- Petitioner Versus 1. THE STATE OF BIHAR 2. Narendra Prasad, Postal Inspector, Eastern Division, Madhubani Son of Sri Bhikhari Mahto, resident of Village Musharnia, P.S. Sonwarsa, District-Sitamarhi -------- ------ Opp.Parties. ----------- 4 23-10-2008 Heard Mr.Ajay Kumar Thakur, the learned counsel for the petitioner as well as Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State and Mr. Ram Narayan Mahto, the learned counsel for Opp.Party no.2. This application has been filed for the quashing of the order dated 28.8.2006 passed by the learned Chief Judicial Magistrate, Madhubani in Madhubani Town P.S. Case no.141 of 2006, G.R.no.661 of 2006, whereby having found a prima facie case to have been made out the learned Magistrate has taken cognizance for offences under Sections 406, 409 and 120 B I.P.C. against all the F.I.R. named accused including the petitioner. A further prayer has been made for quashing of the order dated 4.5.2007 passed by the learned Sessions Judge, Madhubani in Cr.Rev. No.1468 of 2006, whereby the said Revision preferred against the order taking cognizance of offence has also been rejected. The submission advanced by the learned counsel for the petitioner is that he being the driver of the official car of the Post Office had driven the informant Mr. Narendra Prasad to Patna where - 2 - he had to attend some meeting and at the relevant time of the detection of the embezzlement , he was at Patna along with the informant and he had no role to play and from the statements recorded during the investigation the complicity of the petitioner in the aforesaid crime did not come to light and only the names of the Guards employed as Security Guard in the Post Office, namely, Ram Babu Singh, Dhanik Lal Yadav, Surya Narain Sah, Ram Suresh Singh and Shiv Lal Yadav, cropped up as they had gone to Ghoghardiha along with Bhuneshwari Rai for bringing back the cash. From the impugned order of the learned Chief Judicial Magistrate, taking cognizance, it does not appear as to what are the materials available in the case diary as against this petitioner. In that view of the matter, the order taking cognizance, so far as the petitioner is concerned, is quashed and the cognizance matter is remitted back to the learned Chief Judicial Magistrate to pass fresh orders regarding taking cognizance so far as the petitioner is concerned wherein he will also state the materials available against the petitioner or at best state the relevant paragraphs wherein such materials are available. With the aforesaid observations, this application is allowed and the matter is remitted back to the learned Chief Judicial Magistrate, to act in accordance with the directions made above. ( Abhijit Sinha, J) NKS/-