IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.30400 OF 2008 1. NIRANJAN RAI, SON OF SHYAM PRASAD RAI 2. RANJAN RAI, SON OF SHYAM PRASAD RAI 3. SHYAM PRASAD RAI, SON OF KAPILDEO RAI 4. DILIP RAI @ DILIP KUMAR RAI, SON OF KAPILDEO RAI ALL RESIDENT OF VILLAGE NATHUDWAR, POLICE STATION KHANPUR, DISTRICT SAMATIPUR ………………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. SURESH RAI, SON OF LATE RAMCHANDRA RAI, RESIDENT OF VILLAGE MATHUDWAR, POLICE STATION KHANPUR, DISTRICT SAMASTIPUR ………………………………………………………………………..OPPOSITE PARTIES ********* 2 23/06/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the order dated 10.06.2008 passed in Criminal Revision No. 447 of 2007 by the Additional Sessions Judge, Fast Track Court No. V, Samastipur setting aside the order dated 25.07.2007 passed in Complaint Case No. 557 of 2007 (arising out of Khanpur Police Station Case No. 116 of 2006 & Complaint Case No. 1078 of 2006) by which the Judicial Magistrate, 1st Class, Samastipur dismissed the complaint case filed by the Opposite Party No. 2 and the Revisional Court has directed the Magistrate to hold further enquiry. The reasons for setting aside the order dismissing the complaint case is on the basis of a protest filed by the complainant which has been discussed in some 2 details in the order of the Lower Court. It indicates that the Judicial Magistrate, 1st Class has surpassed his jurisdiction by analyzing the evidence of the witnesses. Counsel for the petitioner, on the other hand, submits that the case is patently absurd and inherently false, which would be apparent from the manner in which the complaint petition has been filed and is also substantiated by the independent enquiry held by the Investigating Officer. It is submitted that subsequent protest and submission of the complainant should not be believed by the Court unless the complainant shows that the enquiry or investigation held by the Police Officer was malafide or unjustified. I do not find it proper to interfere with the order of the Revisional Court. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )