IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18601 of 2006 1. SARBALI YADAV 2. FAUDAR YADAV BOTH SONS OF LATE UCHIT YADAV 3. CHANDRA SHEKHAR YADAV S/O SARBALI YADAV 4. JHABOO YADAV S/O LATE BALDEO YADAV 5. BINDESHWAR YADAV S/O PULKIL YADAV 6. REJENDRA YADAV S/O LATE LAKHAN YADAV, ALL R/O VILLAGE- DHANAULI PS- BAHERI, DISTT- DARBHANGA----PETITIONERS Versus 1. THE STATE OF BIHAR 2. RAM KRISHNA YADAV S/O RAM BALAK YADAV R/O DHANAULI, PS- BAHERI, DISTT- DARBHANGA-------OPPOSITE PARTIES. ----------- 6 18.4.2009 Heard learned counsel for the parties. The order dated 6.3.2000 passed by learned Chief Judicial Magistrate, Darbhanga in Baheri P.S. Case No. 80 of 1998 by virtue of which cognizance was taken under several sections of the Indian Penal Code became the subject matter of challenge before the 2nd Additional Sessions Judge, Darbhanga in Criminal Revision No. 119 of 2000 at the initiative of opposite party no.2, namely, Ram Krishna Yadav. Learned Additional Sessions Judge after hearing learned counsel for the parties to the dispute for the reasons indicated in the order has remitted the matter back to the court of learned Chief Judicial Magistrate, Darbhanga for passing an order afresh in the matter of cognizance keeping in mind the observation having been made in the order of revision dated 18.1.2006. This has caused concern to the petitioners who are before this Court now challenging the said order. Prima facie the reasoning rendered by learned Additional Sessions Judge, Darbhanga does not seem to be transgressing any law on the issue but learned counsel for the - 2 - petitioners have certain apprehension in this regard. The Court can only record that whatever the apprehension are there in their mind they have right to address the court below when the matter is again reheard. This application is dismissed with the above liberty that the petitioners should be given opportunity at the time of hearing in the matter of cognizance keeping in mind the background to the earlier order of cognizance. RPS (Ajay Kumar Tripathi,J.)