IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.541 of 2009 ANIL SINGH & ANR Versus STATE OF BIHAR & ORS ----------- 4. 05.05.2011 Learned counsel for the petitioner is present. A supplementary counter affidavit has been filed on behalf of the respondent no.3 . Learned counsel for the petitioner submits that after the order passed by the Revisional Court on 23rd of May 2008 against the order taking cognizance for the offence under Section 304B/201, 201/34 of the Indian Penal Code, no fresh order was passed by the Chief Judicial Magistrate Nawada in connection with Akbarpur P.S.Case No.62/05 as the order taking cognizance with respect to the offence under Section 304B of the penal code was set aside. As such, issuing any process for arrest of the petitioner without passing any fresh order is not sustainable in law. The learned counsel appearing for the State submits that after the order by the Revisional Court as contained in Annexure 3 a fresh order has been passed on 10th of May 2010, as stated in the supplementary counter affidavit. The learned counsel appearing for the petitioner however submits that petitioner has filed a separate case for quashing of the aforesaid order dated 10th of May 2010. Considering the submissions of the parties the submission of the petitioner is that without passing a fresh order of cognizance, processes were issued for arrest of the petitioner, is not correct since - 2 - now it is not in dispute that during the pendency of this application fresh order has been passed by the Chief Judicial Magistrate Nawada taking cognizance of the offences under section 302,201/34 of the Indian penal Code against the petitioner and other accused person. In this view of the matter, this writ application has no merit and the same accordingly stands dismissed. Namita ( Shailesh Kumar Sinha, J.)