IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.40115 OF 2008
1. AJAY YADAV @ AJAY KUMAR
2. VIJAY YADAV @ VIJAY KUMAR
BOTH SONS OF PRADEEP YADAV, RESIDENT OF GANESHI BIGHA, POLICE
STATION ISLAMPUR, DISTRICT NALANDA
VERSUS
THE STATE OF BIHAR
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3 02/08/2011 Heard Counsel for the petitioners and the
A.P.P. appearing on behalf of the State.
The petitioner is aggrieved by the order dated
17.07.2006 passed in Islampur Police Station Case No.
36 of 2004 by which the Additional Chief Judicial
Magistrate, Hilsa, has taken cognizance for the offences
alleged to have been committed under Sections 341, 323,
307, 504 & 302/34 of the Indian Penal Code.
Learned Counsel for the petitioners has
challenged the impugned order for the reason that
although the final form was submitted by the
Investigating Officer, the Court below has taken
cognizance without giving any reasons for differing with
the findings of the Investigating Officer.
Accordingly, I quash the impugned order and
remand the matter back to the Additional Chief Judicial
Magistrate, Hilsa to reconsider the facts, take into
account the materials available in the case diary and
pass a reasoned order within a period of two months from
2
the date of receipt/production of a copy of this order
before him.
Counsel for the petitioners is directed to
produce a copy of this order before the Additional Chief
Judicial Magistrate, Hilsa within a period of one month
from today, failing which this application shall stand
dismissed.
This application is allowed to the extent
indicated aforesaid.
This order is subject to the fact that charges
have not been framed in this case. In case, charges have
been framed in this case, the Court below will send a
report regarding the present status of the case within a
period of one week from the date of receipt/production of
a copy of this order.
The office is directed to list this case under the
heading ‘for orders’ on receipt of the report of the Court
below, if any.
Anand ( Sheema Ali Khan, J.)
