IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16900 of 2008 SABBIR ALAM S/O SHEIKH ISLAM, RESUDEBT IF VILLAGE- BRINDAVAN, P.S.- SATHI, DISTRICT- WEST CHAMPARAN………Petitioner. Versus 1.STATE OF BIHAR 2.KAMYAB ALAM S/O SHEIKH MAHMOOD ALAM 3.AFAQUE ALAM S/O SHEIKH MAHMOOD ALAM 4.IMAM HASAN S/O SHEIKH MUSLIM 5. REYAZ AHMAD S/O SHEIKH RAISUL AZAM, RESIDENTS OF VILLAGE- BRINDAVAN,P.S.-SATHI, DISTRICT –WEST CHAMPARAN. 6.SHEIKH MUSTAQUE S/O LATE SEIKH HAKIM 7.SHEIKH NAKKI S/O LATE SHEIKH HAKIM BOTH RESIDENT OF VILLAGE- PURNIA, TOLA- BADKUDWA, P.W.- CHANPATIYA, DISTRICT- WEST CHAMPARAN….OPP.PARTIES. ----------- 3 31.3.2011 Heard the parties. The petitioner is aggrieved with the order dated 24.9.2007 passed by the Additional District & Sessions Judge, F.T.C.-II, Bettiah, West Champaran, in Cr.Rev. No.147/07 by which he has affirmed the order dated 1.5.2007 passed by the Judicial Magistrate Ist. Class, Bettiah, in Complaint Case No.303-C/07 by which the Magistrate has dismissed the complaint. It is being submitted on behalf of the complainant that the complaint was dismissed despite there being a prima facie case. However, since the Magistrate who recorded the evidence of witnesses and also observed them was of the opinion that the complainant has failed to make out a case I am restrained from interfering with the order of the court below. The application is dismissed. AnilKrSinha ( Anjana Prakash, J.) 2