IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45512 of 2008 1. Arun Kumar Singh @ Arun Singh 2. Barun Kumar Singh @ Barun Singh 3. Kiran Kumar @ Kiran Singh 4. Madhu Devi…………………………Petitioners. Versus State Of Bihar ---------------------------------- 03. 22.09.2011 This is an application for quashing the order dated 27.8.2008 passed by learned A.C.J.M., Danapur in Rani Talab P. S. Case No.25 of 2008 by which the learned A.C.J.M., Danapur after differing with the final report submitted by the police issued process against the petitioners without assigning any reason. Heard learned counsel for the petitioners and learned counsel for the State. F.I.R. is lodged making different allegations against F.I.R. named accused persons including these petitioners. After investigation, final form was submitted finding involvement of some of the accused persons exonerating petitioners. Diferring police report, cognizance is taken against these petitioners also. Submission of learned counsel for the petitioners is that no doubt power is vested to Magistrate to differ with opinion of the Investigating Officer, but once Magistrate decides to differ with such opinion, it is mandatory for him to give reasoning for doing so, in other words, to place the material showing involvement of exonerated accused persons as in instant case. Accordingly, this quashing application is allowed. Case is sent back to concern Lower Court to pass a fresh order appreciating the material collected in the case diary. Vikash ( Mandhata Singh, J.)