IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.886 of 2006 1. RAM NATH SINGH son of late Babu Ram Singh 2. Manoj Singh son of Ram Nath Singh, both residents of village P.O.Masrakh, Dist.Gopalganj, at present resident of Bishunpura, Kothi, P.O. P.S. Sidhwalia, Dist. Gopalganj ….Petitioners Versus STATE OF BIHAR & ANR ----------- 2 17.8.2009 No one appears on behalf of the petitioners. This application has been filed for setting aside the order dated 25.7.2006 passed by Sri Narendra Bahadur Singh, Additional Session Judge, Fast Track Court No.1, Gopalganj, passed in Cr. Rev. No. 304/5/11/05 by which the learned Judge has set aside the order dated 26.7.05 passed by the Judicial Magistrate Ist, Calss, Gaopalganj in complaint case no. 2097 of 2003 (Tr. No. 1179/05), dismissing the complaint petition under section 203 Cr.P.C. Prosecution case in brief is that complainant son had been kidnapped and killed for which a complaint case No. 2097 of 2003 has been filed before the Chief Judicial magistrate , Gopalganj, which was latter on transferred to the court of Shri Vipul Sinha, Judicial Magistrate, Gopalganj, Tr. No. 3239 of 2006 for inquiry. Witnesses were examined on S.A. and thereafter hearing the complainant, complaint petition was dismissed which was challenged in revision by the impugned order. The learned Additional Sessions Judge Gopalganj, F.T.C-1, Gopalganj allowed the revision application setting aside the order of dismissal and the case was remitted for further inquiry. Perused the entire record including both the orders and I find that the learned Additional Sessions Judge, F.T.C-1, Gopalganj was justified - 2 - AF.R. in setting aside the dismissal order as the provision of law has not been observed by the learned Magistrate. After inquiry Magistrate can dismiss the complaint petition under section 203 Cr.P.C. but he is bound to give reason for dismissing the complaint petition. In the instant case there is no reasoning at all and only there is mentioning about the witnesses in inquiry and his view is to dismiss the complaint petition. In the circumstances discussed above, this revision petition is dismissed finding no merit and order passed by the learned Additional Sessions Judge, F.T.C-1, Gaopalganj is confirmed. (Mandhata Singh, J) M.Rahman