IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27164 of 2008 1. RAJENDDRA JHA, SON OF LATE KARI JHA. 2. BIRENDRA JHA, SON OF LATE BECHAN JHA. 3. BIMAL KUMAR JHA ALIAS BIMAL KUMAR, SON OF RAJENDRA JHA. 4. KARUNANAND JHA, SON OF RAJENDRA JHA 5. LALU JHA, SON OF RAJENDRA JHA. ALL RESIDENT OF VILLAGE MOHNA, P.S. JHANJHARPUR, DISTRICT MADHUBANI. ------ PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. ANIL KUMAR JHA, SON OF LATE UPENDRA JHA, VILLAGE MOHNA, P.S. JHANJHARPUR, DISTRICT MADHUBANI. ----- OPPOSITE PARTIES. ----------- 3 19.5.2011 Heard the parties. This application has been filed for quashing the order dated 29.4.2008, passed by the Additional Chief Judicial Magistrate, Jhanjharpur in Trial No. 2863 of 2008 arising out of Jhanjharpur P.S. Case No. 85 of 2005 by which he has taken cognizance under Sections 147, 148, 149, 323 and 504 of the Indian Penal Code. Learned counsel for the petitioner correctly submitted that although the Additional Chief Judicial Magistrate, Jhanjharpur has cancelled the jurisdiction of the Gram Kutchery. He must assign sufficient reasons. This aspect of the matter in fact has been settled in the case of Shaukat Ali & Ors. Vs. The State of Bihar & Anr. [1998 (1) PLJR 893]. 2 I accordingly, quash the order dated 29.4.2008 passed by the Additional Chief Judicial Magistrate, Jhanjharpur in Trial No. 2863 of 2008 arising out of Jhanjharpur P.S. Case No. 85 of 2005and remand the matter back to the Additional Chief Judicial Magistrate, Jhanjharpur to pass a fresh order in accordance with law. This application is allowed to the extent mentioned aforesaid. Counsel for the petitioner is directed to produce a copy of this order before the Additional Chief Judicial Magistrate, Jhanjharpur within a period of one month from the date of receipt of the order. Sanjay ( Sheema Ali Khan, J.)