IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10363 of 2010 RAM SAGAR KUNWAR, son of late Jako Kunwar, resident of village-Shankarpur Bakhadda, Police Station- Matiharni in the district of Begusarai ….Petitioner Versus 1. THE STATE OF BIHAR 2. Babu Saheb Singh, 3. Ram Pravesh Singh, 4. Ram Sagar Singh, all sons of Jhapsu Singh & 5. Rajesh Singh, son of Kailash Singh, all resident of village- Chak, Police Station- Matihani, in the district of Begusarai …Opposite Parties ----------- 2/ 07.12.2010 Heard the parties. It has been submitted that the Sub-Divisional Judicial Magistrate, Begusarai, has dismissed the Complaint Case No.1711-C of 2008 by order dated 17.12.2009 considering the material that has transpired during investigation in the First Information Report instituted by the complainant which ended in the final report. Considering that the point of law has been raised, this application is allowed to the extent that the order dated 17.12.2009 is set aside and the matter is remanded to the court below for passing afresh order confining itself to the protest-cum-complaint petition and the statement of the witnesses examined under section 202 Cr. P,.C. The application is allowed to the extent indicated above. JA/- (Anjana Prakash, J.)