IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8333 of 2009 BIGAN BAITHA, SON OF LATE LALCHAND BAITHA, RESIDENT OF VILLAGE SHASTRINAGAR, BAGHA, DISTT. WEST CHAMPARAN. ------- PETITIONER Versus 1. THE STATE OF BIHAR 2. MANISH KUMAR TULSYAN, SON OF SRIKAILASH NATH TULSYAN, RESIDENT OF VILLAGE NARAIPUR KOTHI, P.S. BAGAHA, DISTT. WEST CHAMPARAN. -------- OPPOSITE PARTIES. ----------- 2. 30.08.2010 Heard the parties. It has been submitted that after a complaint was filed on 5.8.2003, some witnesses were examined but he court found that a report from the Circle Officer was necessary upon which a report was called for by the Magistrate on 28.2.2004. Subsequently, the successor in office without waiting for said report has taken cognizance in the matter on 27.8.2008. The petitioner is aggrieved by the act of the Magistrate since it has been submitted that the court below has no power to recall its own order and once a Magistrate had put off issuance of summons against the accused persons, no further action should have been taken without report of the Circle Officer. Considering the same, the application is allowed and the order dated 27.8.2008 passed by Judicial Magistrate, Bagaha in Complaint Case No. C-632 of 2003 by which he has taken cognizance in the matter is hereby set aside. S.Ali ( Anjana Prakash, J.)