IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52533 of 2008 Nago Yadav @ Nageshwar Yadav son of Late Lelhu Yadav, resident of village Chiknautwa, polilce Station Ghailadh, District- Madhepura. Butan Yadav son of late Anant Prasad Yadav, resident of village-Chiknautwa, Police Station Ghailadh, Dist- Madhepura. Versus The State Of Bihar & Anr ----------- For the petitioner—Dr. Sanjay Kr Singh For the OPP --- Mr. M.N.Jha For the State --- Renuka Ratnakar 02 17.11.2011 Heard the learned counsel for the petitioners and addl. P.P. for O.P. State. The petitioner has approached this court under Section 482 Cr.P.C for quashing the order dated 26.11.08 passed in Cr. Revision No. 118 of 2008 by the Sessions Judge, Madhepura, allowing the Criminal Revision preferred by the complainant/ OP no. 2 setting aside the summoning order dated 22.8.08 whereby the learned Magistrate had summoned the accused petitioners finding prima facie case under Section 354/34 of the Indian penal Code with direction to the C.J.M to pass the order afresh. The C.J.M on perusal of Complaint Petition and the statement of the witnesses arrived at finding that prima facie case under Section 354/34 of the Indian Penal Code is made out and accordingly summoned the accused vide order dated 22.8.2008. The Sessions Judge after hearing the parties 2 in Criminal Revision No. 118 of 2008 preferred by the Complainant O.P. No.2 Parmila Devi being aggrieved by the aforesaid order dated 22.8.2008, arrived at finding that prima- facie evidence appears in record for rape and accordingly vide order dated 26.11.2008 set aside the order dated 22.8.2008 and remitted the matter to the Court of the C.J.M. to pass appropriate orders in accordance with law. As such no illegality appears in the order dated 26.11.2008 passed by the Sessions Judge in Criminal Revision No. 118 of 2008. Accordingly this application is dismissed. Namita ( Rajendra Kumar Mishra, J.)