IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19463 of 2008 1. BUDHAN CHAUDHARY, SON OF LATE GOKUL CHAUDHARY 2. DEO NARAYAN CHAUDHARY, SON OF LATE PRITHWI CHAND CHAUDHARY BOTH ARE RESIDENT OF VILLAGE – CHIKNOTA, P.S. GHELAR, DISTT. MADHEPURA. ------- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. JAGIYA DEVI, WIFE OF PULKIT YADAV, RESIDENT OF VILLAGE CHIKNOTHWA, P.S. GHELAR, DISTT. MADHEPURA. ------ OPPOSITE PARTIES. ----------- 2. 05.04.2011 Heard the parties. The petitioners have sought quashing of the order dated 25.4.2008 passed by the Sessions Judge, in Criminal Revision No. 35 of 2008 by which he has set aside the order of cognizance dated 12.2.2008 passed by the Judicial Magistrate, 1st Class, Madhepura, in Complaint Case No. 177 of 2007 and directed the court below for holding further enquiry in the matter. Since the order impugned is merely an order of remand and it is well within the powers of the Magistrate to apply his mind independently, I am not inclined to interfere in the matter. The application is disposed off with an observation to the Magistrate concerned to pass appropriate orders without being prejudiced by the observations made by the Revisional Court. S.Ali ( Anjana Prakash, J.)