IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45 of 2009 Sharda Devi, Wife of Late Ram Vinay Sharma, Residing at Kanauli, Police Station-Makhdumpur, District-Jehanabad. …Petitioner. Versus 1. The State of Bihar. 2. Jitendra Kumar Kashyap, son of Late Triveni Singh, resident of village –Kanauli, Police Station-Makhdumpur, District-Jehanabad. …Opp. Parties. ----------- For the Petitioner : Mr. D. Chaubey, Advocate For the State : Mr. Chandra Sen Prasad Singh, APP ---------- 02. 11.02.2009 Heard learned counsel for the petitioner and learned counsel for the State. By this modification application the petitioiner seeks modification/review of order dated 12.11.2008 passed in Cr. Misc. No. 13281 of 2007 whereby and whereunder the order taking cognizance was set aside and the matter was remitted back to the court below to issue direction to the investigating officer for further investigation in respect of the petitioner, in view of the letters written by the District Magistrate and the Deputy Collector, Nazarat, Katihar, since the submissions of a report under Section 173 (2) Cr.P.C. does not preclude further investigation. In support of his submissions the learned - 2 - counsel for the petitioner sought to rely on a judgment of the order of the Apex Court in Ramachandran Vs. R. Udhayakumar reported in 2008(4) PLJR SC 201. This judgment is available in the December issue Patna Law Journal Reports and the order to be modified was passed on 12.11.2008. If the principle adopted by the learned counsel for the petitioner is sought to be applied then the same would give rise to a piquant situation wherein whenever a decision of the Apex Court comes in print then the party aggrieved would rush to the courts for review/modification of order which is not to his/her liking. Apparently the version of the learned counsel for the petitioner happens to be an exercise in futility. I can do no better than to say that his submissions have been noticed only to be rejected. There is no necessity of reviewing or modifying the aforesaid order. Vikash/- (Abhijit Sinha, J.)