Sidheshwar Prasad And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.6491 of 2015 dt.26-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 6491 of 2015 Arising out of P.S. Case No. -5 Year- 2011 Thana -PATNA COMPLAINT CASE District- PATNA ===========================================================

1. Sidheshwar Prasad Son of late Tetar Prasad.

2. Kavindra Kumar Son of Sri Sidheshwar Prasad.

3. Pratap Rai Son of Sri Sidheshwar Prasad All residents of Village - Balaitha, P.S. - Masaurhi, District - Patna.

4. Shivjee Prasad Son of late Arjun Prasad.

5. Sanju Devi wife of Sri Shivjee Prasad Both residents of Villae Raghunathpur, P.S. - Masaurhi, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Harendra Prasad Son of late Netram Prasad Resident of Village - Neura, P.S. - Bihta, District - Patna.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar, Adv. For the Opposite Party/s : Dr. Rabindra Kumar, APP. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 26-02-2015 The Petitioners seek quashing of the order dated 21.01.2015 passed by the Additional Sessions Judge-II, Patna in Cr. Rev. No. 347 of 2012 by which it has remanded the matter in Complaint Case No. 5(C) of 2011.

Considering that the impugned order is merely one of remand, I am not inclined to interfere in the matter. The Application is disposed off with a direction to the Magistrate concerned to pass an appropriate order without being influenced by any order of the higher Courts in accordance with law.

With these observations, the Application is disposed off.

Vikash/- (Anjana Prakash, J.) U T