IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1206 of 2009 Binod Kumar Ojha, son of Late Chhathu Ojha, resident of village- Deokuli, P.S. Brahmpur, District Buxar, the then Incharge headmaster, Government Basic School, Unwas P.S. Itarhi, Distt. Buxar. … Complainant-Petitioner. Versus 1. The State Of Bihar 2. Ramashish Singh son of Late Gupteshwar Singh, residing at Sohnipatti, Buxar, P.S. Buxar (T) District Buxar, presently posted as Incharge headmaster, government Basic School, Unwas, P.S. Itarhi, Distt. Buxar. 3. Ishranand Singh son of not known to Complainant, the then Area Education Officer, Buxar, Distt. Buxar. …. Accused- Opp. Parties. ----------- For the petitioner: Mr. Rana Ishwar Chandra, Adv. For the State : Mrs. Indu Bala Pandey, APP. ------- 5. 09.09.2011 The complainant - petitioner has preferred this revision application against the order dated 27th August 2008 passed by learned SDJM, Buxar in Trial No. 629 of 2008 arising out of Complaint Case No. 330 (C)/2003 by which the complaint petition has been dismissed under Section 203 Cr.P.C. on the ground that there is no sufficient evidence to proceed with the case. The prosecution case, in brief, is that on 5.6.2003 at about 7 a.m. the accused opposite party no. 2 took the school attendance register and other registers of the school without permission of the complainant- 2 petitioner. When the petitioner asked the opposite party no. 2 who replied that on 4.6.2003 he had gone to Patna and on being asked by opposite party no. 3, Area Education Officer, the attendance register and other documents of the school have been deposited in the office of Area Education Officer. The petitioner-complainant apprehends that manipulation may be made in the school documents and he may be put in trouble. The petitioner went to the office of opposite party no. 3, Area Education Officer, Buxar who replied that the documents of the school have been deposited in his office and they will be returned to him after completing enquiry, but those documents have not been returned to the petitioner. The complaint to this effect was filed in the Court of learned Chief Judicial Magistrate, Buxar which was made over to learned Magistrate for enquiry. During enquiry three witnesses have been examined on behalf of the complainant. After examining the evidence on record, the learned Magistrate has not found sufficient material to proceed with this case and as such the complaint petition has been 3 dismissed under Section 203 Cr.P.C. by the impugned order. After hearing learned counsel for the petitioner and learned A.P.P. for the State, it appears that the learned Magistrate has considered the complaint petition, statement of the complainant on solemn affirmation as also the statement of three witnesses examined on behalf of the complainant and found that the Area Education Officer has a right to examine school attendance register and other documents which were asked for from the complainant but he was not present therefore, those documents were given by Ramashish Singh, opposite party no. 2 to opp. party no.3. The action of the accused- opposite party does not make out any offence, as such the complaint petition has been dismissed. Considering the facts and circumstances, I do not find any ground to interfere with the impugned order. This application is dismissed. Kanchan (Amaresh Kumar Lal, J.)