IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.37408 OF 2008 RAKESH KUMAR @ RAKESH KUMAR KESHARI, SON OF DINANATH KESHARI, RESIDENT OF VILLAGE GANGACHAK, MALKHANA, POLICE STATION MASAURHI, DISTRICT PATNA VERSUS THE STATE OF BIHAR ******* 3 18/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by the order dated 12.02.2008 passed in Masaurhi Police Station Case No. 16 of 2008 by which the Sub Divisional Judicial Magistrate, Masaurhi has taken cognizance for the offences alleged to have been committed under Sections 341, 323, 379, 504/34 of the Indian Penal Code by differing with the findings of the Investigating Officer. No reasons had been assigned in the order which would indicate the reason for differing with the findings of the Investigating Officer. Learned Counsel for the petitioner submits that the petitioner was an Assistant in the Income Tax Department posted at Bangalore at the relevant time, which fact has been mentioned in the case diary and as such the petitioner has been exonerated during the investigation. This fact has to be noticed by the Court below 2 while passing any order in this matter. I accordingly quash the order impugned and remand the matter to the Court below to pass a fresh order within a period of two months from the date of receipt/production of a copy of this order. Learned Counsel for the petitioner should produce a copy of this order before the Court below within a period of one month from today, failing which this application shall stand dismissed. This application is allowed to the extent indicated aforesaid. Anand ( Sheema Ali Khan, J. )