IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.131 of 2008 KAPILDEO SINGH S/O RAMDHARI SINGH --- PETITIONER Versus 1. THE STATE OF BIHAR 2. RAM CHANDRA SINGH SON OF LATE JANKI SINGH --OPP.PARTIES. ----------- 03 07.09.2010 Heard both sides. Petitioner assails the order impugned passed by learned Additional Sessions Judge Fast Track court no. 2, Munger in Cr. Rev. 187 of 2007 whereby revision preferred by the complainant/opposite party no.2 has been considered and allowed in the following terms:- “8. After going through the L.C.R. I find that there is sufficient material to proceed with and therefore I find that the order of court below suffers infirmity therefore set aside. The case is hereby remanded back to the court below for passing fresh order.” The complainant had filed a complaint in which enquiry in terms of Section 202 of the Code of Criminal Procedure (hereinafter referred to the as the „Code‟) was made whereafter the same was dismissed under Section 203 of the Code by order dated 01.08.2007. This was the order impugned in the revision application. Learned counsel for the petitioner submits that the order passed by learned Magistrate was in accordance with law as the witnesses examined in course of enquiry made divergent statement with regard to the manner of occurrence. Learned counsel for the opposite party no.2, on the other hand, submits that pursuant to the order impugned enquiry has already been completed whereafter cognizance has been taken and the evidence is/are being laid for framing of charge(s) In view of these facts appearing from record, this Court is not inclined to interfere with the order impugned. The application is dismissed. Sym ( Kishore K. Mandal, J.)