IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39287 of 2005 YODHI RAI & ORS Versus STATE OF BIHAR & ANR ----------- 4 22.8.2008 Heard learned counsel for the petitioners as also learned counsel for O.P. No. 2 and the learned A.P.P. for the State. The petitioners herein seek the quashing of order dated 9.12.2004 passed in Rajapur P.S. Case No. 20 of 2004 by the learned Sub Divisional Judicial Magistrate, Sikarhana at Motihari, whereby he has taken cognizance apart from other provisions of the Penal Code also under section 436 I.P.C. by differing with the police report where the commission of offence of all those sections of the Penal Code and section 435 I.P.C. It appears that against the said order the petitioners had preferred a revision being Cr. Revision No. 451 of 2004 which was dismissed by order dated 26.8.2005 passed by the learned 3rd Additional Sessions Judge, East Champaran at Motihari. The order of the Sessions Court is not sought to be challenged in this application. In that view of the matter the quashing of the order of the learned Magistrate which have become final cannot be interfered with. This application is accordingly dismissed. Spd/- (Abhijit Sinha, J.)