IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16738 of 2009 ASHWINI KUMAR SINHA, SON OF SHRI RAM HRIDAY SINGH, RESIDENT OF MOHALLA – R.K. COLLEGE GATE, WARD NO.4 (NEW), MADHUBANI, P.S.- MADHUBANI, DISTRICT – MADHUBANI. -------- PETITIONER. Versus 1. THE STATE OF BIHAR 2. PASHUPATI PRASAD, SON OF LATE GANESH PRASAD, RESIDENT OF MOHALLA – R.K. COLLEGE GATE, WARD NO.4 (NEW), MADHUBANI, P.S.- MADHUBANI, DISTRICT – MADHUBANI. ----- OPPOSITE PARTIES. ***** 02. 18.11.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 13.11.2008 passed in Cr. Rev. No. 438/2004/474/2008 by Additional Sessions Judge, F.T.C. IIIrd, Madhubani, setting aside the order dated 25.05.2004 passed by S.D.M., Madhubani, in P.R.Case No. 1742/2002/M.R.No.946/2002 by which proceeding was dropped. The Revisional Court has further directed the court below for fresh inquiry in the light of order dated 18.11.2002 (initiating the proceeding under Section 133 of the Criminal Procedure Code). Learned counsel for the petitioner tried to led emphasis that since vide order dated - 2 - 18.11.2002, proceeding was initiated and on conclusion the court below dropped the proceeding, so, there remains nothing to proceed further but, since the Revisional Court has stated in last but two paragraphs about the reasons of order of remand. This submission has got no substance. Further one of the person also in revision before court below has not been impleaded, at this stage there is no reason to permit his presence. Accordingly, I find no reason to interfere, this application stands disposed of at the admission stage itself. The court below is directed to conclude the inquiry, if trial is yet pending, at the earliest preferably within six months for communication of this order. Rajeev/ (Akhilesh Chandra, J.)