IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.846 of 2007 SAMI AHMAD @ CHHOTE S/O ABDUL SAMAD R/O VILLAGE- INDARWAN ABAIDULLAH, P.S. GOPALGANJ, DIST. GOPALGANJ. --- PETITIONER Versus 1. STATE OF BIHAR 2. NASRUL HAQUE SON OF LATE AMIL HUSSAIN 3. ESNAZ BEGUM W/O NASRUL HAQUE -- OPP. PARTIES. For the Petitioner : Mr. Javed Aslam, Advocate. For the O.Ps : Mrs. Poonam Kumari, Advocate. For the State : Mr. Aditya Nr. Singh-I, APP ----------- 06 06.09.2010 Heard. Petitioner is the complainant. He is aggrieved by the order dated 30th April 2007 passed by learned Ist Additional District & Sessions Judge in Cr. Rev. no. 105 of 2007 whereby order dated 26.02.2007 passed by leaned Judicial Magistrate Ist Class, Gopalganj in complaint case no. 1419 of 2005 ( Sami Ahmad @ Chotu vs. Nasrul Haque & Anr) is set aside and revision application is allowed in the following manner:- “In the facts and circumstances of the case the impugned order is set-aside and revision application is allowed. However it is made clear that the Magistrate is not barred to exercise jurisdiction u/s 205 Cr. P.C. in course and in furtherance of the proceeding by this order.” It may be stated here that the complainant lodged a case against the accused persons (opposite parties herein) under Sections 323 and 379 of the Penal Code. Summons were issued whereafter an application was filed on behalf of the accused persons under Section 205 of the Code of Criminal Procedure (hereinafter referred to as the „Code‟) which was rejected by order dated 26.02.2007. Aggrieved by the aforesaid order the accuseds (opposite parties herein) had filed the aforesaid revision application which was disposed of in the manner indicated hereinabove. The observation in the operative portion of the impugned order clearly recognizes the power/jurisdiction vested in the Court below to allow and/or to disallow such application filed under Section 205 of the Code. Learned trial Court shall act as per the provision contained therein. With this clarification with the order impugned this application is dismissed. Sym ( Kishore K. Mandal, J.)