IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.44636 OF 2008 NAGESHWAR PANDIT, SON OF LATE ANURAG PANDIT, RESIDENT OF VILLAGE PANDEH, POLICE STATION PAROO, DISTRICT MUZAFFARPUR VERSUS 1. THE STATE OF BIHAR 2. BACHAN PANDIT, SON OF LACHHAN PANDIT, RESIDENT OF VILLAGE PANDEH, POLICE STATION PAROO, DISTRICT MUZAFFARPUR ********** 2 01/08/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 09.07.2008 passed in Criminal Revision No. 169 of 2003 by which the 9th Additional Sessions Judge, Muzaffarpur has affirmed the order dated 05.09.2003 passed in Complaint Case No. 372 of 2003 by which the Judicial Magistrate, 1st Class, Muzaffarpur has dismissed the complaint case. Counsel for the petitioner submits that one Bachan Pandit was appointed claiming to be Nageshwar Pandit. The petitioner went out of his village for his livelihood and has returned to file a complaint case in the year 2003. The Court below has noted that the petitioner had informed the Education Department regarding the so-called illegal appointment. The First Information Report that was instituted on behalf of the petitioner was investigated and it would found that 2 Bachan Pandit also possesses the alias name as Nageshwar Pandit and, therefore, final form was submitted. The petitioner thereafter filed a protest petition which was treated as complaint and after that, the Court below has come to the conclusion that the offences under Sections 419, 420, 406 & 409 of the Indian Penal Code have not been made out. This Court finds no illegality in the orders impugned, especially in view of the fact that the Education Department has taken no steps against Bachan Pandit @ Nageshwar Pandit, and as such, this application is dismissed. Anand (Sheema Ali Khan, J.)