IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1692 of 2010 1. ASHOK SAH, SON OF DAWARIKA SAH 2. MANOJ SAH, SON OF DAWARIKA SAH RESIDENT OF VILLAGE STATION ROAD, NAWADAH, P.S. NAWADAH, DISTRICT NAWADAH. ---- PETITIONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 15.3.2010 Heard the parties. This application has been filed for quashing the order dated 25.11.2009, passed by the Judicial Magistrate, 1st Class, Nawada in Nawada P.S. Case No. 160 of 2006 by which cognizance has been taken under Sections 328 and 302/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the Judicial Magistrate, 1st Class, Nawadah has referred to paragraph nos. 5, 44, 45, 46, 47 and 48 and held that there is sufficient materials to take cognizance against the petitioners. Various orders of the High Court would indicate that while referring to the statements made in various paragraphs of the case diary, the Court ought to disclose the contents of the paragraphs in the case diary so that the matter can stand concluded. In the result the Court has to either call for the case diary or to remand the matter back for reconsideration. I direct that the Judicial Magistrate, 1st Class, Nawadah should pass a reasoned order if it purposes to differ with the allegations by the Investigating Officer. The matter ought to be decided within a period of three weeks from the date or receipt/production of a copy of this order. Counsel for the petitioners is directed to deposit the cost 2 of FAX for communicating this order to the Court of the Judicial Magistrate, 1st Class, Nawadah in Nawadah P.S. Case No. 160 of 2006 within a period of two days failing which this application shall stand dismissed without further reference to a Bench. This application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)