IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34800 of 2010 SAMSAD ALI & ORS Versus STATE OF BIHAR & ANR ----------- 2. 2.11.2010 None appears after repeated calls. I have heard Shri Dashrath Mehta, learned A.P.P. for the State. The order of cognizance dated 4.3.2010 passed in Complaint Case No. 948 of 2008 was passed by Shri Sunil Kumar, Judicial Magistrate, Chapra, in which the police had submitted final form false after investigation. After examination of the complainant on Solemn Affirmation and the witnesses also who were produced in the court below, the court summoned the accused persons for committing the offences under Sections 323,341 and 380/34 of the Penal Code. The grounds which have been taken in the petition are that no offences as alleged against the petitioners were constituted on the facts of the case. The petitioners Md. Nausad, Md.Salim, Md. Aslam and Md. Pentar had taken a plea of alibi by stating that they were in Kolkota selling fruits. The further ground was that there was enmity between the parties and a case was also filed by one of the petitioners, namely, petitioner No. 1 Samsad Ali against the complainant. It is settled law that in spite of having found the case not true by the police after investigating the case, the petition of complaint may be revived which was earlier the basis of F.I.R. and an inquiry under Section 202 Cr. P.C. may be 2 taken up by the Magistrate whereafter summoning order may be passed. The learned Magistrate who passed the impugned order has considered the materials which were required to be considered by him which does not suffer from any infirmity. The petition appears of no merit and the same is dismissed. Kanth ( Dharnidhar Jha, J.)