IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37056 of 2008 Tipu Pandit, son of Baldeo Pandit, village and PS Maranchi, district Patna – Petitioner. Versus State Of Bihar ----------- 2 18.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order taking cognizance, dated 3.4.2008 passed by the A.C.J.M, Barh in Pandarak PS Case No. 65/1997. The petitioner is aggrieved by the fact that the occurrence under sections 395 and 396 of the Penal Code took place on 24.9.1997. Charge sheet was submitted and cognizance taken against some of the accused persons in 1997 itself. The court below without recording any reason for taking cognizance after ten years of the occurrence against this petitioner has passed the impugned order. Once cognizance has been taken in the matter and charge sheet has been submitted, the court must clarify that what were the circumstances which justified the delay of ten years in taking cognizance against other accused persons. The order, dated 3.4.2008 is quashed with a direction to the court concerned to pass a fresh order in accordance with law after considering the case diary within two months from the date of receipt of a copy of this order. This application is allowed to the extent aforesaid. The petitioner is directed to produce a copy of this 2 order before the court concerned within a month failing which this application shall stand dismissed. haque ( Sheema Ali Khan, J.)