High Court Patna High Court - Orders

Bijendra Yadav vs State Of Bihar &Amp; Anr on 24 November, 2010

Patna High Court – Orders
Bijendra Yadav vs State Of Bihar &Amp; Anr on 24 November, 2010
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.26298 of 2009
            BIJENDRA YADAV SON OF SRI GANAURI YADAV, RESIDENT OF
            VILLAGE DHARAHRA, POLICE STATION KAKO, DISTRICT JEHANABAD
                                                        ...... PETITIONER
                                              Versus
            1. THE STATE OF BIHAR
            2. DHANESHWAR YADAV SON OF DUKHAN YADAV, RESIDENT OF
               VILLAGE DHARAHRA, POLICE STATION KAKO, DISTRICT
               JEHANABAD                                .... OPPOSITE PARTIES
                                            -----------

2. 24.11.2010 The petitioner seeks quashing of the order dated

20.4.2009 passed by the District and Sessions Judge,

Jehanabad in Criminal Revision No.90 of 2007 arising out of

Kako P.S. case No.93 of 2006, by which he has remanded

the case to the court of the Chief Judicial Magistrate for

modifying the order of cognizance since in his understanding

a clerical error had been committed by the Chief Judicial

Magistrate.

Considering that the matter is still before the Chief

Judicial Magistrate, Jehanabad, who is expected to apply his

judicial mind on the facts of the case and pass necessary

orders, I am not inclined to pass any order.

The application is disposed of with a direction to

the Chief Judicial Magistrate, Jehanabad to consider the

case afresh.

Narendra/                                ( Anjana Prakash, J. )