IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44071 of 2007 JAIMALA DEVI & ORS Versus STATE OF BIHAR & ANR ----------- 3 16.7.2008 The petitioners have challenged the order, dated 3.5.2007 passed by learned Addl. Sessions Judge, F.T.C. III, Saharsa in Criminal Revision No. 381 of 2004 on the ground that the court could not have directed that summons and processes should be issued to the accused persons in this case. I am in agreement with the submissions made on behalf of the petitioners. Learned Addl. Sessions Judge could have only held that there is material on record to make out a prima facie case and then remanded the matter back to the Chief judicial Magistrate who has the power to look into the evidence, apply his mind and take cognizance and thereafter issue summons to the accused persons. In the aforesaid facts and circumstances of the case I hereby quash that part of the order passed by learned Addl. Sessions Judge by which direction has been given to issue summons to the accused persons and remit the matter to the Addl. Sessions Judge, F.T.C. III, Saharsa who may remit the matter back to the Chief judicial Magistrate, Saharsa who has the power to take cognizance in this case. In the result, this application is allowed to the extent indicated above. Learned counsel for the petitioner is directed to deposit the cost of Fax for communicating this order to the court concerned. haque (Sheema Ali Khan, J.)