IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15494 of 2010 1. UPENDRA RAUT S/O LATE KARU RAUT 2. SONI RAUT S/O DINESH RAUT BOTH S/O VILL- MURTAZAPUR P.S. BELCHHI, DISTT- PATNA ………………… Petitioners Versus THE STATE OF BIHAR …………. Opposite Party ----------- 2. 03.01.2011 Heard the parties. The petitioners seek quashing of the order dated 5.3.2010 passed by Additional Chief Judicial Magistrate, Barh in Belchhi P.S. Case No. 39/09 by which he has considered both the case diary as well as the protest petition while taking cognizance in the matter which he could not have been done. Under the circumstances, the order dated 5.3.2010 passed by the Additional Chief Judicial Magistrate, Barh in Belchhi P.S. Case No. 39/09 is hereby set aside with a direction to him to pass afresh order confining himself either on the protest petition or the materials in the case diary within a period of 6 weeks of receipt of this order. With these observations the application is disposed off. Fahad. ( Anjana Prakash, J. )