IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44909 of 2007 RAM EKBAL SAH Versus THE STATE OF BIHAR & ORS ----------- 3. 2.3.2009 Heard learned counsel for the petitioner and opposite party no. 2. Learned counsel for the petitioner submits that the original complainant has been deceased during the pendency of the case and that in the application for leave to continue with the complaint case by his legal heirs leave has been granted by the Court below and in pursuance of which he has filed I.A. No. 357 of 2009 before this Court. The same is not available on the record. In view of the nature of the order to be passed, this Court accepts the statement with regard to I.A. NO. 357 of 2009. Let the office trace the same and place it on record. The present application assails the order of the Judicial Magistrate, Ist Class Saran at Chapra in protest cum complaint case no. 1280 of 2002 arising out of Derni P.S. Case No. 20 of 2001 by which the learned Magistrate declined to take cognizance under Sections 436 of the Penal Code also and rejected the prayer for commitment of the case to the Court of Sessions affirmed by the revisional Court is order dated 3.8.2007 in Cr. Revision NO. 67 of 2005/ 33 of 2006. At this stage, so as not to prejudice the case of either parties, this Court only considers it proper to observe that the revisional court in its order dated 3.8.2007 has rightly observed that at this stage the - 2 - issue was premature. Under what Section of the Penal Code, the charge was to be framed is a matter to be considered by the Trial Court at the appropriate stage on the basis of the material available with it. The Revisional Court orders warrant no interference at this stage. The application stands disposed off. P. Kumar (Navin Sinha, J.)