IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45886 of 2008 Rambhajan Singh Versus 1. State of Bihar 2. Satish Kumar Singh ………………….. Opposite Parties For the Petitioner: Sri Krishna Kumar Singh For O.P.No.2: Sri Dewendra Narayan Singh ****** 3 2.12.2011 This is an application for quashing the order dated 2.9.2008 passed by Sessions Judge, Saran at Chapra in Cri. Revision no. 155/08 whereby it has allowed the revision and set aside the order dated 13.3.08 passed in Tr.no.2952/08 by Sri Ram Sajjan, Judicial Magistrate, 1st Class, Saran, Chapra. Heard counsel for the parties. A case was pending in the Court of Sri Ram Sajjan, Judicial Magistrate, 1st Class, Chapra for the offence under section 417 IPC filed by complainant that money was taken by this petitioner for providing job to him. A petition was filed under section 259 Cr.P.C. to convert the trial as warrant trial that was refused by the learned Magistrate, revision filed by opposite party no.2 which is allowed and case was sent back to the trial court to consider the conversion of trial into one warrant trial. 2 Submission of learned counsel for the petitioner is that any order passed under section 259 Cr.P.C. is interlocutory order and revision was not maintainable. His further submission is that money if any was paid was as a bribe for giving job is offence fixes similar criminal liability upon the complainant also and his statement is nothing more than conversion basing which accusation for taking money is not liable to sustain. Order passed by the Magistrate if was interlocutory order was not raised in revision. So, I am not going to consider the maintainability of the revision, as about similar liability as of the petitioner against opposite party no.2 also is not proper stage to raise that should be raised in the trial court for which petitioner has every liberty. With such observation, this quashing application is dismissed. AI ( Mandhata Singh, J.)