IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.950 of 2008 VINOD MISHRA Versus RAMAWATI DEVI ----------- 5 15.9.2008 For the reasons mentioned in this application (I.A. No. 4318 of 2008) the delay in filing of the civil revision application is hereby condoned. Coming to the merits of this case, this Court would find that the petitioner has a remedy under Section 126 (2) of the Code of Criminal Procedure and therefore, the petitioner must move the Court below which has passed the impugned order. If such application is filed within a period of two weeks from today, the Court below taking into consideration that the petitioner had wrongly availed remedy before this Court, would condone the delay and would decide the case on its own merit. Let it be made clear that this Court has not said anything as with regard to the impugned order which of- course has to be considered on its own merit. With the aforementioned observations, this civil revision application is disposed of. Rsh (Mihir Kumar Jha, J.)