IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39380 of 2009 1. Md. Wahid, son of Md. Sintu, owner of Stall N.10, resident of Fish Market, Bus Stand, Darjelling, PS and district Darjelling, W.B. 2. Firdaus @ Firdaushi Begum @ Rita, wife of Md. Firoz Khan, village FCI Godown, Mofarganj, PS and district Katihar. 3. Md. Aiyub Ali Khan @ Md. Ayub Ali Khan @ Gulfan, son of Md. Khalil Khan, Mohalla Golipara, PS and district Katihar – petitioners. Vs. 1. The State of Bihar, 2. Md. Afroz Alam, son of Md. Khurshid Hussain, Mohalla Hussainabad Choudhary Mohalla, PS and district Katihar – opposite parties. 2 12.1.2010 Heard the parties. This application has been filed for quashing the order, dated 28.5.2008 passed in Cr.Misc. No. 26/2005 by the Sessions Judge, Katihar by which the order, dated 3.12.2004 passed by the Judicial Magistrate, Ist Class, Katihar in Case No. CA 1512/2004 was set aside. Learned counsel for the petitioners submits that as far as petitioners 1 and 2 are concerned, there is no specific allegation in the complaint petition under sections 418 and 419 of the Penal Code. The Sessions Judge, Katihar has sent the case back to the Magistrate to consider whether offences are made out under sections 420, 406 and 120B of the Penal Code. I accordingly direct that the Judicial Magistrate should consider whether any allegations are there against the petitioners aforesaid and whether any offence is made out before passing any fresh order. This application is disposed of with the aforesaid direction so far as petitioners 1 and 2 are concerned. This application is dismissed with respect to petitioner no.3 haque (Sheema Ali Khan, J.)