IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31728 OF 2008 RAMRUP PRASAD, SON OF LATE FAKIRA PRASAD, RESIDENT OF VILLAGE MURGIACHAK, POLICE STATION HILSA, DISTRICT NALANDA VERSUS THE STATE OF BIHAR ********* 2 27/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 07.04.2008 passed Hilsa Police Station Case No. 279 of 2007 by which the Judicial Magistrate, 1st Class, Hilsa has taken cognizance for the offences alleged to have been committed under Sections 147, 148, 149, 323, 324 & 307 of the Indian Penal Code. The main ground raised on behalf of the petitioner is that his name did not transpire amongst the column of the accused persons in the first, second and third charge sheets filed by the Investigating Officer. The Court below in a mechanical manner has taken cognizance against all the named accused persons without indicating the reasons for taking cognizance against this petitioner who is not among the chargesheeted accused persons. I accordingly quash the order impugned as far as it concerns the petitioner and direct that the Court below should consider the case of this petitioner in light 2 of the findings in the case diary. Let a copy of this order be communicated to the Court below through fax at the cost of the petitioner, if deposited within a period of one week from today. The Court on receipt of a copy of this order will pass an appropriate order within a period of two months thereafter. This application is allowed to the extent indicated aforesaid. Anand ( Sheema Ali Khan, J. )