IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.739 of 2008 1. MD. ISHRAR @ ISHRAR ANSARI 2. MD. IZHAR (BOTH SONS OF LATE MD. YAKUB) 3. BIBI SAIDA @ SAIDA KHATOON W/O MD. IBRAR @ LAL 4. BIBI RUBI W/O MD. GAFFAR 5. BIBI KAUSAR @ KAUSAR W/O MD. NAUSHAD 6. MD. NAUSAD 7. MD. TINKU (BOTH 6 & 7 ARE SONS OF MD. IBRAR @ LAL) -- PETITIONERS. Versus 1. STATE OF BIHAR 2. BIBI SABINA KHATOON @ LADLI D/O MD. SHABBIR W/O MD. SHAMSHAD. ---OPP.PARTIES. For the Petitioners : Mr. Krishna Mohan, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 03 16.09.2010 Petitioners are aggrieved by order dated 22.05.2008, passed by learned revisional Court Additional Sessions Judge, Fast Track Court no.1, Bhagalpur in Cr. Rev. no. 222 of 2004 whereby the revision application preferred by the complainant has been considered and allowed. Order dated 01.05.2004 passed by learned Sub Divisional Judicial Magistrate, Bhagalpur in complaint case no. 880 of 2003 by which cognizance was taken only against one of the accuseds named in the complaint petition was interfered with and set aside. The operative portion of the order reads as under:- “…Hence the learned S.D.J.M. is directed to hear the complainant again and to pass order for issuing summon after considering the evidence on record properly according to law. Hence this criminal revision is allowed. Send the lower court record along with copy of order to the S.D.J.M. Bhagalpur for needful.” It is thus seen that the matter has gone on remand to the Court below for passing a fresh order in accordance with law. Learned Magistrate is expected to re-examine the matter and pass a fresh order in accordance with law uninfluenced by any observation/findings made under order dated 22.05.2008 passed in Cr. Rev. no. 222 of 2004. The present application stands disposed of. Sym ( Kishore K. Mandal, J.)