IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1085 of 2007 JOKHAN THAKUR Versus THE STATE OF BIHAR & ORS ----------- 7 06.05.2009. Heard learned counsel for the parties. The petitioner is aggrieved by order dated 17.7.2007, passed in Complaint case no. 457C of 2007 by Judicial Magistrate, Bettiah whereby the aforesaid complaint case has been dismissed under section 203 of the Cr.P.C. Notice was issued to other side. The petitioner submits that while dismissing application under section 203 of the Code of Criminal Procedure the learned magistrate can only look into the protest cum complaint, S.A. and evidence coming in course of enquiry under section 202 of the Code of Criminal Procedure and not the materials collected in the case diary. Leaned counsel for the opp party relied upon para 21 of the Special Bench decision of this Court in case of G.S. Srivastava Vs the B.P. Keshri, reported in 1987 PLJR 751. He submits that it would appear from the ratio decided in the aforesaid case that while taking cognizance and issuing summons, the court can look into the materials available in the case diary. The aforesaid ratio would be of no help to the opp party, as the Apex Court held that parameter provided for exercising powers under section 203 of the Code of Criminal Procedure is distinct from one, where it exercises power under section 204 of the Code of - 2 - Criminal Procedure. While exercising power under section 203 of the Code of Criminal Procedure, the court can only look into the complaint, SA and evidence coming in course of inquiry under section 202 of the Code of Criminal Procedure. Thus, the case law cited by the opp party shall be of no help. In the instant case learned magistrate has looked into the material available in the case diary while dismissing the complaint under section 203 of the Code of Criminal Procedure which is not permissible in law. As such, order dated 17.7.2008 by order passed in 457C/2007 by the leaned JM, Bettiah is set aside and the matter is remitted back for fresh consideration of issues in accordance with law. This Court has not expressed any opinion on the merits of the case. The revision application is allowed to the extent above. Shashi. (S.P.Singh,J).