IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1528 of 2007 RAJU KUMAR S/O RAM SURAT PANDIT, R/O- VILLAGE SAHBAJWA, P.S.- GOPALGANJ, DISTRICT- GOPALGANJ. Versus 1. THE STATE OF BIHAR 2. NABAIDESHWAR SINGH, S/O- SUREDEV SINGH R/O- VILLAGE BARKAGAON, P.S.- BHAGWANPUR HAT, DISTRICT- SIWAN. For the petitioner : Mr. Md. Sufiyan, Advocate. For the O.P. : Mr. Shanti Kumar, Advocate For the State : Mr. Bhanu Pratap Singh, APP ----------- 4 14.12.2010 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the order dated 12.11.2007 passed in Complaint Case no. 233 of 2007 by learned Judicial Magistrate, 1st Class, Gopalganj whereby cognizance has been taken and processes have been directed to be issued only against two of the named accused persons. The order is silent with regard to the accused No. 1 namely Nabaideshwar Singh. Learned counsel, referring to the averments made in the complaint, submits that there is allegation directed against the aforesaid Nabaideshwar Singh also. From the impugned order, it is not apparent as to on what reasons/grounds, the aforesaid Nabaideshwar Singh has not been proceeded against. In all fairness, learned Trial Court ought to have recorded those reasons. Learned counsel appearing on behalf of the aforesaid Nabaideshwar Singh (O.P. No. 2) submits that palpably a false case was lodged against the aforesaid O.P. No. 2 who was serving the Civil Court, Gopalganj as Stenographer. It is his 2 contention that the materials brought on record in course of inquiry made under Sections 200 and 202 of the Code of Criminal Procedure are not sufficient enough justifying any action against the aforesaid opposite party. Be that as it may, since the order is silent and/or does not record any reasons for not proceeding against the aforesaid order in face of allegations contained in the complaint, this Court, with the consent of the parties, quashes the order dated 12.11.2007 passed in Complaint Case no. 233/2007 and remand the case back to the learned Magistrate for passing a fresh order in accordance with law. pkj ( Kishore K. Mandal, J. )