IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44070 of 2007 ***** Santosh Kumar Singh son of Sri Jadu Nandan Singh, resident of village- Makhdumpur Kabir, Tola Khair Bigaha, Police Station Arwal, District Arwal. …. …. Petitioner Versus 1. The State of Bihar. 2. Hari Nandan Singh son of Bachchoo Singh 3. Raj Nandan Singh son of Bachchoo Singh resident of village- Makhdumpur Kabir, Tola Khair Bigaha, Police Station Arwal, District Arwal. …. …. Opposite parties ----------- 4. 9.4.2009. Heard learned counsel for the petitioner and learned counsel representing the opposite parties. Submission of learned counsel for the petitioner is that even according to the decision of the Hon’ble High Court which has been relied upon by the learned Additional District & Sessions Judge, which is F.T.C.-II Jehanabad the matter ought to have been remanded back to the Magistrate for recording his statement under Section 147(3) of the Cr.P.C. Prejudice has been caused to him by setting aside the order by not leaving any avenue for him. The Court is satisfied that the Additional District & Sessions Judge should have remanded the matter back to the Magistrate on this issue giving one opportunity to him to record his opinion on the issue. The application is allowed. The order dated 9.5.2007 passed in Cri Revision No.40/2004 is hereby quashed and the matter is remanded back to the Court of Sub Divisional Magistrate, Arwal for passing appropriate order in the matter keeping in mind the ambit of Section - 2 - 147(3) of Cr.P.C. Pawan/- (Ajay Kumar Tripathi, J.)