IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.770 of 2008 Baij Nath Prasad Gupta, S/O Late Badri Nath Gupta, resident of Milki Mohalla Chowk Bari Masjid ., P.S. Ara Town, District- Bhojpur, presently residing in Mitra Compound, Boring Road, P.S. Budha Colony, District- Patna …………. Petitioner Versus 1.The State Of Bihar through Secretary, Law Department 2.Sushil Kumar Gupta 3.Prakash Kumar Gupta 4.Raj Kumar Gupta 5.Ashwani Kumar Gupta 6.Arun Kumar Gupta Respondents No.2 to 6 are sons of Late Badri Nath Gupta, resident of Milki Chowk Bari Masjid, P.S. Ara Town, District- Bhojpur, at present respondent no.2,4 and 6 are residing in Kashipuri Market, P.S. Ara Town, District- Bhojpur. ………… Respondents ----------- 9. 15/03/2010 Heard learned senior counsel for the petitioner and learned counsel for the State. Petitioner, who is a lawyer of this Court, has also advanced some arguments. Grievance of the petitioner is confined only to the extent that the petition, which he had filed before learned Judicial Magistrate 1st Class, Patna in support of his complaint petition, from which Complaint Case No.132(C) of 2007 arose, has not been considered by learned Magistrate while dismissing the complaint by his order dated 15.9.2007. Petitioner has referred to a copy of the said petition, annexed as - 2 - Annexure-4 with the writ application. Since petitioner has raised a grievance that learned Magistrate has dismissed the complaint only on the basis of averments made in the complaint petition, without taking into account the said petition filed by him to facilitate the court in the enquiry under section 202 Cr.P.C., this Court thinks it proper, for the satisfaction of the petitioner, to remit the matter back to the learned Magistrate to rehear the petitioner, consider his pleadings made in the complaint petition as well as in the petition said to have been filed before him and pass a fresh order. For this purpose only, the order dated 15.9.2007 passed by the learned Magistrate and the order passed by learned Sessions Judge on 5.2.2008 in Cr.Rev.No.653 of 2007 are set aside. It is made clear that this Court has not expressed any opinion in respect of either maintainability of the complaint petition or its merits. This writ application is accordingly disposed of. Pradeep/ (J. N. Singh, J.)