IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19461 of 2008 1. GAJENDRA PRASAD SINGH, SON OF LATE BASUDEO SINGH, RESIDENT OF VILLAGE – SHAMBHUPUR, P.S. SARAI, DISTT. VAISHALI AT PRESENT POSTED AS ASI IN TOWN P.S., KATIHAR. 2. BRAHMDEO PASWAN, SON OF LATE CHAMAKLAL PASWAN, RESIDENT OF VILLAGE – FULDOBHI, P.S. FALKA, DISTT. KATIHAR. ------ PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BIBI JULEKHA KHATOON, WIFE OF MD. MUSTAKIN, RESIDENT OF VILLAGE – FULDOBHI, P.S. FALKA, DISTT. KATIHAR. ------ OPPOSITE PARTIES. ----------- 2. 05.04.2011 Heard the parties. The petitioners are aggrieved with the order dated 28.3.2008 passed by the Sessions Judge, Katihar, in Criminal Revision No. 40 of 2007 by which it has set aside the order dated 5.2.2007 passed by the Chief Judicial Magistrate, Katihar, in Case No. CA 1620 of 2005 by which the Complaint of the Opposite Party No. 2 was dismissed. Since the order is merely an order of remand and even now it is well within the powers of the Magistrate to apply his independent mind on the facts of the case, 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.)