IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43937 of 2008 RAM SHANKAR SINGH, son of Late Ram Bahadur Singh, village Baikatpur, PS Khushrupur, district Patna – petitioner. Versus STATE OF BIHAR ----------- 2 17.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 11.9.2008 passed by the Sessions Judge, Patna in Cr. Revision No. 606/2008, arising out of Complaint Case No. 367/2008. The complainant had filed an application praying therein that sections 406 and 420 of the Penal Code and 27, Arms Act should be added in the order taking cognizance. The Sessions Judge after considering the entire case has quashed the order and found that there is no illegality in it and remanded the matter back to the Magistrate to consider afresh whether sections 406 and 420 of the Penal Code and 27, Arms Act would be applicable in this case. Certain observations have been made by the Sessions Judge with respect to sections 406 and 420 of the Penal Code which should be ignored by the court below. The concerned court i.e. Judicial Magistrate, Ist Class, Patna City should examine the complainant and S.A. and then decide the sections under which cognizance ought to be taken. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)