IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11358 of 2010 1. GOBARDHAN RAI, son of late Ramjatan Rai 2. Chaman Kumar @ Chuman Kumar 3. Ashok Kumar, Both are sons of Rajendra Rai @ Rajendra Prasad Yadav. 4. of Rajendra Rai @ Rajendra Prasad Yadav, son of late Ramjatan Rai. 5. Anita Devi, wife of Ashok Kumar, all resident of village – Jolgawa, P.S. – Turkaulia, District – East Champaran. ----------------------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Nawal Kishore Rai, son of late Narsingh Rai, resident of village – Jolgawa, P.O. & P.S.- Turkaulia, District – East Champaran. ---------------- Opposite Parties. ***** For the petitioners : Mr. Hemendra Pd. Singh, Adv. Mr. Virendra Kumar, Adv. For the Opp. Party. No.2: Mr. Rajesh Ranjan, Adv. For the State : Mr. Sanjay Kr. Tiwari, APP. ***** 02. 14.05.2010 Heard learned counsel for the petitioners, State and Opposite parties who appeared today through Vakalatnama. This application has been preferred seeking quashing of the order dated 09.03.2010 passed by Sessions Judge, Est Champaran, Motihari in Cr. Rev. No. 61 of 2010, setting aside the order taking cognizance dated 16.02.2010 passed by Judicial Magistrate, Motihari in Inquiry Case No. 193/2010, and remitted the matter back to the court below for fresh order on perusal of the materials. Undisputedly, complaint case was filed against all the five petitioners, the learned Magistrate took cognizance against petitioner nos. 1 to 4 only, exonerating lady petitioner no. 5 at the stage of admission itself. The court set aside the order and remitted the matter before the court below as such, there is no - 2 - order against the petitioners named accused persons before the court below. Hence, this application is not maintainable at this stage. Accordingly, this application stands dismissed. Rajeev/ (Akhilesh Chandra, J.)