IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.380 of 2007 SHARMILA DEVI @ BEBI Versus STATE OF BIHAR & ORS. ----------- 3. 8.9.2008. This application has been filed against the order dated 14.2.2007 passed by S.D.J.M., Masaurhi in Complaint Case No.221© of 2006 thereby the complaint case lodged by the petitioner against the opposite parties has been dismissed under section 203 of the Cr.P.C. Heard the learned counsel for both the parties. The submission of the learned counsel for the petitioner is that the order in question is bad and illegal. The court below has wrongly permitted the opposite parties to take part in the enquiry and has wrongly been influenced by the fact that the petitioner did not agree to live with the opposite party no.2. It is further submitted that the court below ought to have passed the order on the complaint petition on the basis of the evidence of the witnesses examined on behalf of the petitioner. On the other hand, the learned - 2 - counsel for the opposite parties submitted that the opposite party no.2 is willing to keep the petitioner on any terms. However, the petitioner herself is not living with the opposite party no.2. Considered the submission of the learned counsel for the parties. Perused the impugned order. On perusal of the impugned order, it appears that in course of the enquiry the petitioner examined two witnesses. However, the learned court below, instead of the passing order on the basis of the evidence adduced on behalf of the petitioner, entered into reconciliation process and ultimately dismissed the complaint on the ground that the petitioner did not agree to live with the opposite party no.2. The order is apparently wrong and against the law. Accordingly, this application is allowed. The impugned order is hereby set aside and the matter is remitted back to the court below to make further enquiry and pass fresh order on the basis of the evidence adduced on behalf of the petitioner. The - 3 - N.H./ fresh order must be passed within two months of receipt of this order. ( Ghanshyam Prasad )