IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18434 of 2010
1. KAMTA SINGH, S/o Late Ram Keshwar Singh.
2. Kashinath Singh, S/o Late Dwarika Singh.
3. Janardan Singh.
4. Dharamraj Singh, Sons of Kashi Nath Singh, R/o Village-Shobhipur, P.S.-
Kochas, District-Rohtas at Sasaram.
Versus
1. THE STATE OF BIHAR.
2. Nirbhay Kumar Singh, S/o Late Baijnath Singh, R/o Village-Shobhipur,
P.S.-Kochas, District-Rohtas at Sasaram.
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02. 28.01.2011 Heard the parties.
The petitioners seek quashing of the order dated
04.03.2010 passed by the 5th Additional Sessions Judge,
Rohtas at Sasaram in Cr. Rev. No. 458 of 2000 by which
he has set aside the order of cognizance dated 13.09.2000
taken by the Chief Judicial Magistrate, Rohtas at Sasaram
in Kochas P.S. Case No. 44 of 2000 under minor Sections
but not under Section 307 IPC.
The petitioners are aggrieved by the observation
of the Revisional Court that in facts of the case Section
307 IPC is made out and in his opinion this would cloud
the judgment of the Magistrate while taking cognizance in
the matter afresh. The apprehension of the petitioners is
not entirely incorrect and, therefore, I direct the Magistrate
to apply his independent mind into the facts of the case
and arrive at a finding as to what offence is made out in
facts of the case.
With these observations the application is
disposed off.
Vikash/- (Anjana Prakash, J.)