IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.252 of 2009 KAILASH SAH SON OF LATE ACHCHELAL SAH, R/O- VILLAGE NARIYAR, TOLA- SARAHI, WARD NO. 3, P.S.- SAHARSA, DISTRICT- SAHARSA. Versus 1. THE STATE OF BIHAR 2. MOST BULUR DEVI, W/O- LATE RAMDEO SAH. 3. FULKIT SAH SON OF STYA NARAYAN SAH 4. MAHESHWARI YADAV, SON OF KARAMLAL YADAV 5. NUNU LAL SAH SON OF SABUR LAL SAH 6. PRABHU SAH @ BENGWA SON OF LATE RAMDEO SAH. ALL RESIDENTS OF VILLAGE NARIYAR, TOLA- SARAHI, WARD NO. 3, P.S. + DISTRICT- SAHARSA ----------- 2 29.09.2010 Petitioner is the complainant. He is aggrieved by the order dated 2.12.2008 passed by learned Judicial Magistrate, Saharsa, in Complaint Case no. 114C of 2008 whereby the complaint has been dismissed in terms of Section 203 Cr.P.C.. Considering the nature of allegation, learned court below appraised the materials on record carefully. It has been found that no document in support of alleged auction of the property was filed insomuch so revenue receipt of respective land claimed had also not been filed. Complainant admitted that parties were agnates and on litigating terms. On a consideration of the materials on record, learned trial court has taken a view that the complainant was making an attempt to mis-use the process of the Court. Accordingly, the complaint has been dismissed observing as under: “In any view of the matter this court is of the opinion that complainant has failed miserably to constitute any ground sufficient to show any criminal liability against any of the accused persons. This complaint petition is vague with utter confusion and it is not more than a cry in wilderness. There is no ground to constitute an offence against accused persons. Therefore in absence of any ground to 2 proceed against accused persons, this compt. case is dismissed. Let the record be sent to record-room“ This Court does not find any patent illegality in the consideration of the matter by the learned Magistrate meriting interference. The application is devoid of merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )