IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.313 of 2010 1. RAM NARAYAN PANDEY S/O LATE MANIKARAN PANDEY R/M- MARANPUR, NAILY ROAD, P.S.- CIVIL LINES, DISTT.- GAYA Versus 1. THE STATE OF BIHAR 2. JITENDRA PANDEY S/O SRI KAMLESH PANDEY R/M- MANPUR, PATWA, TOLI DURGA ASTHAN, P.S.- BUNIYADGANJ, DISTT.- GAYA. ----------- 03. 10.01.2011 The petitioner seeks quashing of the order dated 17.11.2009 passed by the 6th Additional Sessions Judge, Gaya in Cr. Rev. No. 12 of 2009/27 of 2007 by which he has set aside the order dated 04.01.2007 passed in Civil Lines P.S. Case No. 4 of 2006 by the Chief Judicial Magistrate, Gaya. The background of the case is that Civil Lines P.S. Case No. 4 of 2006 was instituted against the petitioner and several others for the alleged murder of the nephew of the informant, Satish Pandey. During investigation the case was found to be false and, therefore, final report was submitted in the matter with a recommendation to initiate a proceeding against the informant under Sections 182 and 211 IPC. The informant then filed a protest petition was also dismissed by the Magistrate on consideration of the facts of the police case. The informant thereafter moved in revision which was partly allowed with the direction to the Magistrate to hold an inquiry and proceed in accordance with law. It is no doubt true that the Magistrate was 2 enjoined to hold an inquiry in the matter and the dismissal of the protest petition on consideration of the facts of the police case was erroneous. However, on going through the records of the case in exercise of my extraordinary jurisdiction under Section 482 Cr.P.C. I am of the opinion that the orders dated 17.11.2009 passed by the 6th Additional Sessions Judge, Gaya in Cr. Rev. No. 12 of 2009/27 of 2007 requires to be set aside. However, the informant will be at liberty to move this Court in case cognizance has been taken under Sections 182 and 211 IPC in the police case for redressal of his grievances. With this observation, the application is disposed off. Vikash/- (Anjana Prakash, J.)