IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54560 of 2006 LALA RAI Versus STATE OF BIHAR & ANR ----------- 6 21.8.2008 Heard learned counsel for the petitioner as also the learned A.P.P. for the State. Although O.P. No. 2 being the informant was duly noticed and notice was validly served on him but he has not cared to appear and contest this application. It appears from perusal of Annexure A which is of the F.I.R. that the date and time of occurrence has not been divulged either in the formal F.I.R. or in the written report of the informant. It also appears that the case was registered on 28.2.2006 and was sent to the Chief Judicial Magistrate on 2.3.2006. These are points which ought to have been taken into consideration by the learned Court below while taking cognizance. In that view of the matter the order dated 2.5.2006 taking cognizance appears to be perfunctory and without application of mind. Accordingly the impugned order is hereby set aside and the matter is remitted back to the learned Chief Judicial Magistrate, Patna, for fresh consideration. With the aforesaid observation this application is allowed. Spd/- (Abhijit Sinha, J.)