IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17627 of 2010 1. ASHOK KUMAR SINGH, SON OF HARI NANDAN SINGH. 2. RANJU DEVI, WIFE OF MANOJ KUMAR SINGH. BOTH RESIDENT OF VILLAGE-SARI, P.S.-WARISNAGAR, DISTRICT-SAMASTIPUR. ……..PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. NAND KISHORE SINGH, SON OF LATE DWARIKA SINGH, RESIDENT OF VILLAGE AND P.O.-SARI, P.S.-WARISNAGAR, DISTRICT-SAMASTIPUR. ………….OPPOSITE PARTIES. ----------- 2 13.01.2011 Heard the parties. The petitioners have prayed for quashing of the order dated 06-04-2010 passed by the Sessions Judge, Samastipur in Cr. Rev. No.463 of 2009 by which he has remanded the Misc. Case No.338 of 2008 to the court of S.D.J.M., Samastipur for the positive order to enquire the case as per Section 145 Cr.P.C. It is being submitted that the Sessions Judge should have only remanded the matter and left the rest to the discretion of the S.D.J.M. to proceed in accordance with law. In view of such the order dated 06-04-2010 passed by the Sessions Judge, Samastipur in Cr. Rev. No.463 of 2009 is set aside to the extent that the S.D.J.M., Samastipur shall pass an order afresh in accordance with law. With these observations the application is disposed of. PN (Anjana Prakash, J.)