IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23172 of 2007 1. Ranjeet Kumar Yadav Son of Shyam Bihari Yadav 2. Anil Kumar Srivastava Son of Late Ashwani Prasad Srivastava 3. Binit Kumar Gupta Son of Bishwanath Prasad Gupta 4. Ajay Kumar Pandey Son of Srikant Pandey 5. Savita Devi W/O Sri Narayan Sharma 6. Meena Devi W/O Vidhanti Prasad 7. Bipin Bihari Verma S/O Late Ram Prasad Lal 8. Triloki Nath Tiwari son of Deveshwar Sharma 9. Sanjay Kumar Rao S/O Sri Surendar Rao 10. Brijesh Kumar S/O Sri Sachhida Nand Maharaj 11. Sanjay Mishra S/O Sri Binod Kumar Mishra 12. Umesh Kumar Singh son of Suresh Kumar Singh All are resident of Mohalla-West Railway Gumti Bano Chapra, P.S. Bettia Muffasil, District-WestChamparan. ------ ----- Petitioners Versus 1. THE STATE OF BIHAR ---- ----- Opp.Party Ist Set 2. Vinod Kumar Saraf, S/O Late Mohan Lal Saraf 3. Sonal Kumar Saraf 4. Shashank Kumar Saraf Both sons of Binod Kumar Saraf O.P.Nos. 2 to 4 are resident of Mohalla Lal Bazar P.O.& P.S. Bettiah, District- West Champaran. ------- ------ Opp.Parties IInd Set ----------- 6 07-11-2008 Heard Mr. K.K.Tiwary , learned counsel for the petitioners as also learned counsel for Opp.Party nos.2 to 4 and Mr. Jharkhandi Upadhaya, learned A.P.P. for the State. The petitioners have challenged the order dated 26.2.2007 passed by the learned 5th Addl. Sessions Judge, West Champaran at Bettiah in Cr.Revision No.91 of 2006, whereby while allowing the revision against the order dated 12.4.2006 passed by the learned Sub Division Magistrate, Bettiah in Case no.1409-M of 2005, he has - 2 - directed the court below to pass fresh orders according to law after following the provisions laid down in Sections 137,138 & 139 Cr.P.C. and after giving opportunity to the parties for adducing evidence . I find no apparent illegality in the impugned order of the Revisional Court. The parties are directed to submit themselves before the learned Sub Divisional Magistrate, Bettiah and act in accordance with the direction passed by the Revisional Court in the order dated 26.2.2007. With the aforesaid observation, this application is disposed of. ( Abhijit Sinha, J) NKS/-