IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54438 of 2007 AJAY KUMAR CHOUDHARY, S/o Late Jagarnath Choudhary, R/o Madhopur Nandn Niwas, Basudeopur, P.S. Kotwali, district Munger ….. Petitioner Versus THE STATE OF BIHAR & ORS …….. Opp. Party ----------- 2 20.2.2009 Heard Mr. Binay Kant Mani Tripathi, learned counsel for the petitioner and Mr. R.B.S. Pahepuri, learned A.P.P. for the State. The grievance of the petitioner is against the order dated 24.8.2007 passed by the learned Presiding Judge, Fast Track Court No. V, Munger, in Cr. Revision No. 488 of 2004, whereby he has dismissed the revision by a speaking order wherein the order dated 15.10.2001 passed by the learned Chief Judicial Magistrate, Munger in Complaint Case No. 712(C) of 2003 dismissing the complaint under section 203 Cr.P.C. was challenged. The submissions advanced by the learned counsel for the petitioner is that initially there had been a F.I.R. being Kotwali P.S. Case No. 462 of 2001, wherein the police had submitted a charge sheet under section 306/34 IPC but then the case was transferred over to the CID who after investigation submitted a final form but as the informant / complainant had filed a protest petition, the protest petition proceeded as a complaint case, which is the instant one, and after inquiry under 202 Cr.P.C. the learned Chief Judicial Magistrate came to a categoric finding that no offence under any of the sections of the Penal Code had come to light in the evidence laid in the inquiry and accordingly dismissed the complaint under section 203 Cr.P.C. The consequent revision before the Sessions Court met with the same result and the revisional court by a - 2 - reasoned order, specially paragraph 10 of the order, has spelt out the reasons why no apparent case for proceeding with the complaint petition was made out and having perused the same as also the order of the Chief Judicial Magistrate I find no apparent illegality or impropriety in any of the two orders which I accordingly uphold. There being no illegality or impropriety in the orders of the courts below I find no merit in this application which is dismissed. Spd/- (Abhijit Sinha, J.)