IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52631 of 2007 1. PRABHASH RAI, Son of Bahadur Rai. 2. Hira Lal Rai, Son of Bahadur Rai. 3. Motilal Rai, S/o Chaukidar. All are resident of village Sahpur, P.S. Balrampur, District-Katihar. …..Petitioners. Versus 1. THE STATE OF BIHAR. 2. Satahi Kumari, D/o Dhorari Rai, R/o Vill-Sahpur, P.S.-Balrampur, Distt.-Katihar. …..Opposite Parties. ----------- For the Petitioner : Md. Helal Ahmad, Adv. For the State : Mr. Choubey Jawahar, A.P.P. For the O.P. No. 2 : Md. Musawir, Adv. ----------- 03. 09.04.2010 The petitioner seeks quashing of the order dated 28.09.2007 passed in Cr. Revision No. 67 of 2007 by which he has ordered a further inquiry into the complaint case No. 2551 of 2006 setting aside the order dated 01.06.2007 by which cognizance only under Section 354 of the Indian Penal Code was taken against petitioner No. 2 and the complaint was dismissed with regard to petitioner Nos. 1 and 3. The Opposite Party No. 2 was noticed by this Court order dated 06.02.2009 and he has appeared. On specific query about the present stage of the trial the Opposite Party No. 2 volunteers information that in fact a fresh order of cognizance was passed by the - 2 - Chief Judicial Magistrate and thereafter the case was committed to the Court of Sessions and the petitioners have filed an application under Section 227 of the Criminal Procedure Code. In view of such development, I am not going into the merits of the case or the legality of the order passed by the revisional court. This application is dismissed. Vikash/- (Anjana Prakash, J.)