IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3167 of 2009 RAJ KUMAR RAO S/O SITARAM RAO Versus 1. THE STATE OF BIHAR 2. SANDHYA DEVI W/O RAJ KUMAR RAO, D/O RAMESHWAR SINGH ----------- 2. 28.7.2010 The petitioner seeks quashing of the order dated 20.12.2008 passed in Bettiah Town Police Station Case NO. 291 of 2008 by which learned Chief Judicial Magistrate, Bettiah, District- West Champaran has ordered for re-investigation of the case in respect of the charge sheet dated 27.10.2008 under Sections 494 and 495 of the Indian Penal Code. The back ground of the case is that the wife of the petitioner filed a First Information Report alleging that she was married to the petitioner on 1.5.2001 but she was tortured by her in-laws for the ends of dowry and also the petitioner performed second marriage during the subsistence of first marriage. The First Information Report was instituted against four persons but after closure of investigation charge sheet was submitted only 2 against the petitioner under Section 494 and 495 of I.P.C. Being dissatisfied with the same the Magistrate ordered for further investigation which he was not permitted to do. In view of such, this application is allowed and the order dated 20.12.2008 is quashed and the matter is remanded to the court of Judicial Magistrate to pass appropriate orders the charge sheet dated 27.10.2008 bearing no. 349 of 2008. The application is allowed on the terms noted above. Fahad. (Anjana Prakash, J)