IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.398 of 2010 QYAMUDDIN, SON OF LATE SHEKH MANSUR, RESIDENT OF DUMARIYA, P.S. UCHAKAGAON, DISTRICT GOPALGANJ. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. SAQUIR HUSSAIN 3. BASIR HUSSAIN BOTH SONS OF SHEKH KITAB 4. IMMAMUDDIN, SON OF SHEKH MUNSUR ALL RESIDENT OF VILLAGE DUMARIA, P.S. UCHAKAGAON, DISTRICT GOPALGANJ. ---- OPPOSITE PARTIES ----------- 2 13.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The complaint of the petitioner has been dismissed by the order passed by the 2nd Additional Sessions Judge, Gopalganj in Cr. Revision No. 615 of 2008/20 of 2009. The reason for allowing the revision application is that the complainant was not able to substantiate his case that an occurrence took place in the manner as mentioned in the complaint petition. Witnesses named in the complaint petition were not examined to support the case. Besides which explanation has not been given by the complainant as to why the named witnesses were not present to depose in the case. There appears to be a civil dispute between the parties and on the basis of evidence that has come before the Court below, the Additional District Judge, II, Gopalganj found that there was insufficient material and grounds to take cognizance. I see no illegality in the order impugned dated 23.7.2009. This application is dismissed. Sanjay (Sheema Ali Khan, J.)