IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17214 of 2008 SATENDAR SINGH S/O LATE LAXMAN SINGH R/O VILLAGE- HAGDIHA, P.S.- BANIYAPUR, DISTRICT- SARAN ………….Petitioner Versus 1. THE STATE OF BIHAR 2. MAHCHNADAR PRASAD SINGH, M.L.C. …………..Opposite Parties ----------- 2. 29.03.2011 Heard the parties. The petitioner has sought quashing of the order dated 15.2.2008 passed by the learned IXth Addl. Sessions Judge Saran at Chapra in Cr. Revision No. 125 of 2007 by which he has set aside the order of cognizance dated 28.3.2007 passed by Chief Judicial Magistrate, Saran at Chapra in Baniyapur P.S. Case No. 59 of 2004 instituted under Section 302/34 I.P.C. and 27 of Arms Act and Section 3/4 Explosive Substance Act. The petitioner is the informant of the case and unfortunately after investigation the case ended in a final report but the Magistrate differed with the same and took cognizance which was set aside by the Revisional Court on the ground that the Magistrate had no power to differ. It is unfortunate that Judge of the rank of the Sessions Judge does not know even such basic law and therefore, the application is 2 allowed and the order of the Sessions Judge passed in Cr. Rev. No. 125/07 is set aside and the matter is remanded to the Magistrate for proceeding after the order dated 28.3.2007 in accordance with law. Fahad. ( Anjana Prakash, J.)