IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41147 of 2007 RAM BILAS PASWAN @ RAM VILAS PASWAN & ORS Versus STATE OF BIHAR & ANR ----------- 3/ 05.02.2010 Heard Shri Alok Kumar Sinha, learned counsel for the petitioners and also Shri Dashrath Mehta, learned APP for the State. The judgment rendered by me in the case of Vijay Kumar Vs. State of Bihar reported in 2008(1) PLJR 723 has been placed before me seeking the relief of quashing the proceedings. As may be evident from the perusal of that particular judgment rendered by me in Vijay Kumar (supra), the facts were diametrically different from the facts of the present case which are clearly stated by me in that judgment. Here in the present case, the police has submitted final form reporting the case not true but the magistrate differed with the opinion of the police and after perusal of the case diary, summoned the petitioners. I do not want to disturb that order because the petitioner may have an opportunity for agitating the points of complete absence of any material, as was submitted before this court, in the case diary to justify the summoning and trial of the petitioners by the learned magistrate. I direct the learned Judicial Magistrate, Dalsinghsarai, Samastipur to hear the petitioners under section 251 of the Code of Criminal Procedure in G.R. No. 351 of 2006/T.R. No. 795 of 2007 arising out of Dalsinghsarai P.S. Case No. 152 of 2006 and peruse the case diary without any prejudice and specially by throwing from his - 2 - mind that he has passed the order of summoning the petitioners. He should peruse the material with objectivity and pass an order in accordance with law as and when the points of insufficiency of material are agitated before him. This petition is dismissed with the aforementioned observation/direction. Anil/ (Dharnidhar Jha, J.)