IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36325 of 2008 Subhash Chandra, son of Late Shiva Nandan Prasad, resident of Saraiya, PS Choutham, district Khagaria – Petitioner. Vs. 1) The State of Bihar, 2) Mangli Devi, wife of Late Anandi Das, village Jaiparbha Nagar Kaithi, PS Choutham, Dist. Khagaria – Opp. Parites. 3 25.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the roder, dated 9.5.2008 passed in Complaint Case No. 498C/2006 by the Subdivisional Judicial Magistrate, Khagaria. A complaint was instituted alleging that the petitioner was responsible for the rape. Cognizance was taken under section 354 of the Penal Code. The complainant challenged the order by filing a revision application. The court remanded the matter to be heard again. Thereafter, the Judicial Magistrate was pleased to take cognizance under section 376 of the Penal Code which was again challenged by the accused persons by filing Criminal revision No. 33/2007. This revision application was disposed of on 13.6.2007. Apparently there was a defect in the order of the revisional court inasmuch as the order had been passed without hearing the accused persons. The order was challenged in this court in Cr. Revision No. 864/2007 which was disposed of on 31.3.2009 with a direction that the revisional court should issue notice and hear both the parties. In the mean time, in compliance with the order, dated 2 13.6.2007 the Judicial Magistrate took cognizance on 9.5.2008. The order, dated 9.5.2008 could not be brought on record while the hearing of the criminal revision was taking place. The result is that the petitioner has come to this court to set aside the order of cognizance and put the clock back and send the entire matter to the revisional court which heard Cr. Revision No. 33/2007. Learned counsel for the petitioner submits that despite the order, dated 9.5.2008 taking cognizance of the offence under section 376 of the Penal Code, the revision application is still pending in the court of the Additional Sessions Judge, FTC 5, Khagaria. I accordingly direct that the Additional Sessions Judge, FTC5, Khagaria should take up this revision application, take cognizance of the order, dated 9.5.2008 and actually examine the merit of the order passed on 9.5.2008 within three months on receipt of a copy of this order. This application is disposed of with the aforesaid observations and directions. Counsel for the petitioner is directed to produce a copy of this order before the court concerned within one month failing which this application shall stand dismissed. haque ( Sheema Ali Khan, J.)