IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31143 of 2001 BISHUNDEO OJHA Versus STATE OF BIHAR & ANR For the petitioner: Shri D.Chaubey For the State: Shri Umanath Mishra ----------- 7. 18.8.2010 Heard. The petition of complaint which was filed by opposite party no.2 was dismissed by the Sub-divisional Judicial Magistrate, Bikramganj at Sasaram by his order dated 20.6.2000 in Complaint Case No. 95 of 1998. That order was challenged in Criminal Revision No. 327 of 2000 and by his order passed on 2.5.2001, the learned Sessions Judge, Rohtas at Sasaram held that the learned Sub-divisional Judicial Magistrate was not following the law laid down by the Supreme Court and different High Courts while dismissing the petition of complaint. The allegation made in the complaint was that the petitioner along with some others which included some police Officers also went to the house of the complainant and looted certain properties. During the course of inquiry certain witnesses supported the allegation. The absurdity and impropriety which was found was that it was a case in which the police Officers could be going with the ordinary citizens to loot the house of any particular person and there was admission of the witnesses that in fact the complainant had been arrested by the police in connection with an offence. The Court finds that the order of the 2 learned Sub-divisional Judicial Magistrate passed on 20.6.2000 was validly passed after giving sound reasons as was the requirement of Section 203 Cr. P.C. and subsequently the order of the revisional court passed on 2.5.2001 and that of the S.D.J.M. passed on 9.7.2001 appears completely erroneous. In the result, the above noted two orders passed by the learned Sessions Judge in Cr. Revision No. 327 of 2007 dated 2.5.2001 and the order of the learned Sub-divisional Judicial Magistrate passed on 9.7.2001 in Complaint Case No. 95 of 1998 are hereby quashed. The complaint petition shall stand dismissed. The petition is allowed. Kanth ( Dharnidhar Jha, J.)