IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.187 of 2005 LAL MUNI DEVI Versus STATE OF BIHAR & ORS ----------- 4 19.8.2007 This application has been filed for setting aside the order dated 9.2.2005 passed by the learned Chief Judicial Magistrate, Rohtas at Sasaram in Complaint Case No.334/2004 thereby he has dismissed the complaint petition under Section203 of the Code of Criminal Procedure. Heard learned counsel for the petitioner and the State. Submission of learned counsel for the petitioner is that prima facie there was sufficient material before the learned Magistrate for taking cognizance against the accused persons, who are police personnels and some villagers. It has been further submitted that the accused persons also participated in course of inquiry under Section 202 of the Code of Criminal Procedure which is not permissible in the law. Accordingly, a prayer is made to pass the order for further inquiry into the matter. Considered the submission of learned counsel for the petitioner and perused the impugned order. On perusal of the impugned order it appears that in course of inquiry the accused persons, who are police officers, were allowed to watch the proceedings and file documents on the basis of a decision of Hon’ble Supreme Court reported in 1998(1) Eastern Cr.Cases 461. It further appears that actually the police personnels had gone to vacate 2 the house of the petitioner on the order of the S.P. As a result, this complaint case has been lodged against the police personnels and others. Thus, having regard to the facts and circumstances of the case as well as reason assigned in the impugned order I am not inclined to interfere with the impugned order dated 9.2.2005. Accordingly, this revision application is hereby rejected. B.Jha (Ghanshyam Prasad)