IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.9 of 2007 1. GAYATRI DEVI W/O SRI AWADH KISHOR SINGH 2. AWADH KISHOR SINGH S/O SRI RADHA KRISHNA SINGH BOTH R/O OF VILL. INIAR, P.S. BEGUSARAI, MUFASSIL IN THE DIST. OF BEGUSARAI, PRESENTLY RESIDING IN POWER HOUSE ROAD, GACHHI TOLA BEGUSARAI, P.S BEGUSARAI, TOWN IN THE DISTRICT OF BEGUSARAI. --- PETITIONERS. Versus 1. STATE OF BIHAR 2. SUNIL KUMAR SINHA SON OF LATE AYODHYA PRASAD, R/O VILL. BAGHI, P.S. BEGUSARAI TOWN IN THE DIST. OF BEGUSARAI. -- OPP.PARTIES. For the petitioners : Mr. Akhileshwar Pd. Singh, Advocate. For the State : Mr. Ram Sevak Choudhary, APP ----------- 04. 17.08.2010 Heard learned counsel for the petitioners and the State. Petitioners assail the order dated 28th November 2006, passed in Cr. Rev. no. 423 of 2004 ( Sunil Kumar Sinha vrs. The State of Bihar & ors.), whereby the order of the learned Magistrate dismissing the complaint petition under Section 203 of the Code of Criminal Procedure Code ( hereinafter referred to as the „Code‟) was set aside and the matter was remanded back in the following manner:- “5. Thus from the facts stated above I find that if is a fit case for giving direction to hold further enquiry. 6. In the result this revision application is allowed and order dated 26.8.04 passed by the learned magistrate is here by set-aside. The learned magistrate is directed to hold further enquiry and pass afresh order in accordance with law.” They thus cannot invoke the jurisdiction of this Court. Learned counsel for the petitioners submits that the interest of the petitioners shall be safeguarded if this Court only 2 observe that learned Magistrate will pass a fresh order in terms of observation/direction made in paragraph nos. 5 and 6 of the order impugned uninfluenced by the observations/findings made by the revisional Court in pre paragraphs. This Court is not inclined to interfere with the impugned order at the instance of the petitioners who are still in the realm of proposed accused. Learned Magistrate, shall pass fresh order in terms of the observations/directions made in paragraph nos. 5 and 6 of the impugned order. The application is disposed of. Sym ( Kishore K. Mandal, J.)