IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50358 of 2007 1. Kaushalya Devi wife of Manoj Kumar Yadav. 2. Manoj Kumar Yadav son of Lakhan Yadav Both resident of village Chautha P. S. Rajauli, District- Nawada. 3. Shivan Bhuiya son of late Mahavir Bhuiya Resident of village Baurhi Kala P. S. Rajauli, District- Nawada. … Petitioners. Versus STATE OF BIHAR ----------- 4. 29.03.2010 Heard Mr. Alamdar Hussain, learned counsel for the petitioners. No one appears for the State. The prayer in this application is to quash the order taking cognizance dated 4.7.2007 for offence under Sections 420, 467, 468, 469, 471 and 128 B of the Indian Penal Code. Mr. Hussain by reading the whole of the FIR has only made an effort before this Court that the dispute in hand is out and out a civil dispute inasmuch as the real grievance of the informant seems to be as with regard to execution of sale deed in favour of Kaushalya Devi which according to the informant was not permissible in law. He would accordingly submit that for such cause of action only a proper civil suit for cancellation of sale deed in favour of Kaushalya Devi, petitioner no. 1 could have 2 been available under the law and not this police case. Unfortunately, the court below has passed a mechanical order taking cognizance which does not even reflect application of mind. This Court has time without number held that even if the order taking cognizance is not supposed to be a reasoned order but nonetheless there has to be some application of mind specially when the dispute is one relating to civil dispute. Considering this aspect of the matter, this Court would be not in a position to sustain the non-speaking order taking cognizance and accordingly, the same is hereby quashed with a direction to the court below to reconsider the matter afresh and pass an order in accordance with law. With the aforementioned observation and direction, this application is disposed of. Kanchan (Mihir Kumar Jha, J.)