IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38097 of 2008 1. Manager Ram, Son of Bhogi Ram 2. Moti Ram, Son of Hira Ram Both resident of Village Mukhbilaspur, PS Banjariya and District East Champaran --- Petitioners Versus 1. The State Of Bihar. 2. Mahesh Rai, Son of late Bujhawan Rai, Resident of Village Mukhbilaspur, PS Banjariya and District East Champaran --- Opposite Parties ----------- 2 21.7.2011 Learned counsel for the petitioners submits that the petitioners who have not been charge sheeted in this case have been mentioned to face trial by order dated 29.7.2008 whereby the Chief Judicial Magistrate, Motihari has taken cognizance by differing with the findings of the Investigating Officer. It is well settled law that the officer Incharge can differ with the findings of the Investigating Officer and take cognizance against those persons who have been mentioned as accused in the First Information Report but have not been sent up for trial by the Investigating Officer. However, the Court should also be aware of the fact that while differing with the findings of the Investigating Officer, it must record some reasons which would enable the Court to examine that whether the reasons given are proper or not. In the impugned order dated 29.7.2008 no reasons have been mentioned. Counsel for the petitioners is not able to inform this Court regarding the present status of the case. In case charges have not been framed or discharge application has been dismissed, the Chief Judicial Magistrate, Motihari is required to pass a fresh 2 order after mentioning the reasons for differing with the findings of the Investigating Officer or pass an order approving the findings of the Investigating Officer, within a period of two months from the date of receipt of a copy of this order. Learned counsel for the petitioners is directed to produce a copy of this order within a period of one month from today failing which this application shall stand dismissed without further reference to a Bench. This application is disposed of with the aforesaid observations and direction. Sanjay ( Sheema Ali Khan, J.)