Judgment P.K.Deb, J. 1. Heard the learned Counsel for and on behalf of the petitioners and also for the State. 2. The petitioners happen to be the police personnel and they have been prosecuted in a criminal case and for commission of murder along with other offences of the Indian Penal Code. It is the case of the petitioners that a mob became violent and on the orders being placed by the higher officer, the petitioners had to indulge in firing and as a result of which some persons met with death. 3. It is further submitted that there was a cross-case filed by the higher officer of the same incident against the complainant and others. 4. The cognizance has been taken on the basis of the materials available on the record after along delay when the investigating agency took a long time in submitting charge-sheet in Bhabhua P.S. Case No. 122/94. On the charge-sheet being submitted cognizance has been taken and it has also been stated that the petitioners have been granted bail by this Court. 5. The submission made that there was also a cross-case and that the petitioners have to indulge in firing on an order being placed by the superior officer were not before the Court below while taking cognizance. Cognizance has been taken as the materials found in the charge-sheet and in that way, it cannot be said that the cognizance is bad in the eye of law at this stage. 6. It further appears that the lower Court records called for have been destroyed. It is not known whether the lower Court records were reconstructed or not. As if is a S.R. case, there would be 3 copies of C.D.S. and as such there would be no difficulty in reconstructing the L.C. records. 7. Let the petitioners appear before the Court of Judicial Magistrate, Ist Class, Bhabhua wherein the case has now been pending and submit at appropriate stage all the points taken in this petition before this Court including cross-case, sanction under Section 197 of Cr PC, etc. taken from the side of the petitioners were that the order being placed by the superior officer. 8. taken from the side of the petitioners were that the order being placed by the superior officer. 8. However, it is made clear that if such petition is filed, before the Court concerned at the appropriate stage, it shall consider all the materials and after giving an opportunity of hearing to the parties pass a reasoned order. 9. With this observation and liberty given to the petitioners this criminal miscellaneous petition is disposed of.