IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.696 of 2005 RAM BABU TIWARI Versus STATE OF BIHAR & ANR ----------- 3/ 18.08.2008 Counter affidavit has been filed on behalf of O.P.No.2. This application has been filed against the order dated 18.7.2005 passed by Judicial Magistrate, Ist Class, Samastipur in Complaint Case No. 1330 of 2003. Heard learned counsels for both the sides. The grievance of the learned counsel for the petitioner is that though the court below has taken cognizance against four accused persons but has refused to take cognizance against O.P.No.2 without assigning any valid reason. On the other hand, learned counsel for the opposite-party submitted that in a complaint filed by the petitioner cognizance has already been taken under Section 323 of the IPC against four accused persons out of five. Therefore, this petitioner has no remedy under the revisional jurisdiction. He can raise this matter at the appropriate stage of the trial under Section 319 Cr.P.C. Considered the submissions of the learned counsel of both the sides as also the provision of Section 398 Cr.P.C. Since the complaint has not been dismissed under Section 203 Cr. P.C. or sub-clause 4 of Section 204 Cr.P.C., this revision application is not maintainable. Accordingly, this application is dismissed. DKS/ (Ghanshyam Prasad,J)