IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8141 of 2008 1. MAHESHWARI YADAV, SON OF DHOBIYA YADAV @ DHOBI YADAV 2. RAM LAKHAN YADAV, SON OF DHOBIYA YADAV @ DHOBI YADAV BOTH RESIDENT OF VILLAGE SUKHLEBA, P.S. BARHAT, DISTRICT JAMUI. ---- PETITIONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 27.1.2010 Learned counsel for the petitioners have challenged the order dated 31.10.2007, passed in Barhat P.S. Case No. 48/2006, G.R. No. 670(A)/2006 by the Chief Judicial Magistrate, Jamui by which cognizance has been taken under Section 25(1-B) A/26/35 of the Arms Act. The Investigating Officer has submitted final form however, the Court has considered supplementary charge sheet, case diary and has differed with the opinion of the Investigating Officer. Reasons for differing with the charge sheet wherein the final form was submitted are not apparent from the order taking cognizance. Learned counsel for the petitioners submits that no recovery was made from them and that the only allegation against them was that some of the villagers had stated that the petitioners had paid Rs. 500/- to the persons concerned for capturing the booth during the Mukhiya election. According to the petitioners this evidence does not constitute an offence under the Arms Act, although it may be an offence under the Peoples Representative Act or any other Section of the Indian Penal Code. In any event the Court ought to have given reasons for differing with the final form submitted by the Investigating Officer. As such this matter is remanded to the Judicial 2 Magistrate, 1st Class, Jamui to pass a speaking order within a period of three weeks from the date of receipt/production of a copy of this order. This application is disposed of with the aforesaid observations. In the mean time, order dated 31.10.2007 as far as it relates to the two petitioners shall remain stayed. Sanjay (Sheema Ali Khan, J.)