Judgment M.Y.Eqbal, J. 1. Heard Mr. J.P.Pandey, learned Counsel for the petitioner and the learned APP. 2. In this application, the petitioner has prayed for quashing the entire criminal prosecution including the order dated 28.1.1999 by which the Chief Judicial Magistrate Koderma has issued processes against the petitioner in Koderma P.S. case No.348/95 (G.R. No. 798/ 95). 3. The prosecution story is that on a confidential information the police raided the house of Ratan Kumar Bhadani and others and 372 bags of IFCO Urea fertilizers was seized. It appears that the papers with regard to 186 bags was shown. Thereafter, FiR was lodged against two accused-persons, namely, Ratan Kumar Bhadani and Indradeo Rana. The police after investigation, submitted charge-sheet against two accused-persons, namely, Ratan Kumar Badani and Indradeo Rana and they are facing trial in the Court of the Sub-Divisional Judicial Magistrate, Koderma. 4. Petitioners case is that after four years i.e., on 21.1.1999 a petition was filed by the I.O. in the Court of A.C.J.M. Koderma for issuance of processes and on the basis of the same the impugned order dated 28.1.1999 was passed issuing warrant of arrest against the petitioner. 5. Admittedly charge-sheet was submitted against two accused-persons and after four years, on the basis of the application filed by the IO the impugned order was passed. The impugned order does not show as to what materials have been collected by the investigating agency against the petitioner which warranted issuance of process against him. It further appears that the A.C.J.M. has not applied his mind and has not recorded his satisfaction about the involvement of the petitioner in the commission of the offence. In a routine manner, the Magistrate has issued warrant of arrest. 6. In that view of the matter, I am of the opinion that the impugned order cannot be sustained in law for the reason that it was passed without application of mind. 7. This application is, therefore, allowed and the impugned order is set aside. The matter is remitted back to the A.C.J.M. Koderma to pass a fresh order in accordance with law after taking into consideration the materials available against the petitioner in the case diary.