IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28231 of 2009 BHAWESH PRASAD @ BHAWESH PRASAD SINGH, Son of late Sharanlal Singh, resident of Village- Simaria, P.S. Kasba, District- Purnea. At present-Assistant Teacher Ramanane Middle School, Garhbaraili, P.S. Kasba, District- Purnea.................................Petitioner. Versus THE STATE OF BIHAR..................................................Opposite Party. ----------- For the petitioner: Mr. Yogesh Chandra Verma, Sr. Advocate and Mr. Bijendra Kumar Singh, Advocate. For the State : Mr. Kalyan Shankar, A.P.P. ---------- 2. 29.01.2010. Heard learned counsel for the petitioner and counsel appearing on behalf of the State. The petitioner has challenged the order dated 25.06.2008 by which the Chief Judicial Magistrate, Purnea, has taken cognizance under Sections 341, 323 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that this case was investigated and final form was submitted in this case. The court below has differed with the final form on the basis of paragraph nos. 7,8,9,10,11 and 12 of the case diary. However, the court below has not stated the contents or referred to the contents of these paragraphs, and as such, this Court is not in a position to comment whether there is any application of mind by the Chief Judicial Magistrate, Purnea. It has been specifically argued that no offence under Section 504 of the Indian Penal Code is made out against the petitioner as there is no material to show that the insults hurdled on the complainant prompted him to commit the offence. 2 I, thus, quash the order dated 25.06.2008 passed by the Chief Judicial Magistrate, Purnea, arising out of Kasba P.S. Case No. 115 of 2007, G.R. No. 886 of 2007 and the matter remanded back to the Chief Judicial Magistrate, Purnea, to reconsider the case and pass a reasoned order within a period of two weeks from the date of receipt/production of a copy of this order. This application is, accordingly, disposed of with the aforesaid observations and directions. Counsel for the petitioner is permitted to deposit the cost of fax for communicating this order to the Chief Judicial Magistrate, Purnea in Kasba P.S. Case No. 115 of 2007, G.R. No. 886 of 2007. U.K. (Sheema Ali Khan,J)