IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18540 of 2010 1. DINESH SINGH, SON OF LATE YADUNANDAN SINGH 2. BIRCHANDRA SINGH, SON OF YOGENDRA SINGH 3. SULLU SINCH, SON OF DINESH SINGH 4. GULLU SINGH, SON OF DINESH SINGH ALL ARE RESIDENT OF VILLAGE RAHIMAPUR, P.S. BIDUPUR, DISTT. VAISHALI. ------- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. MIRA DEVI, WIFE OF RAMESH PRASAD SRIVASTAVA, RESIDENT OF VILLAGE RAHIMAPUR, P.S. BIDUPUR, DISTT. VAISHALI. ------- OPPOSITE PARTIES. ----------- 2. 03.02.2011 Heard the parties. The petitioners seek quashing of the order dated 9.3.2010 passed in Criminal Revision No. 21 of 2007 by the 1st Additional Sessions Judge, (F.T.C.), Vaishali, by which he has remitted Complaint Case No. C1 1503 of 2004 to the court of Judicial Magistrate, 1st Class, for commitment in the facts of the case. The petitioner is aggrieved by the Revisional court’s direction to commit the case whereas it should have merely stated that the Magistrate should consider the materials before him and, thereafter, pass an appropriate order. To some extent his grievance is justifiable and, therefore, I direct the Judicial Magistrate to consider the prosecution case as it is without evaluating the falsity or otherwise of the prosecution case unlike what the previous Magistrate had done and pass an appropriate order. In view of such, the Revisional order dated 9.3.2010 2 is set aside with the direction to the Judicial Magistrate to pass an appropriate order within a period of one month from the date of receipt of this order. With these observations, the application is disposed of. S.Ali ( Anjana Prakash, J.)