IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.55797 OF 2007 MOHAN SABARI, SON OF LATE PRAMESHWAR RAI, RESIDENT OF VILLAGE ASHATE DIN HAK KHAUQUAH FAZILE RAHAMANI ASHAPUR SHARIF BAHERA, ASHAPUR, POLICE STATION BEHERA, DISTRICT DARBHANGA VERSUS THE STATE OF BIHAR ********* 2 25/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 30.10.2007 passed in C. R. No. 273 of 2007 by which the Additional Chief Judicial Magistrate, Benipur, Darbhanga has rejected the complaint petition under Section 203 of the Code of Criminal Procedure. A complaint case was filed on 15.07.2007 and thereafter the complainant did not examine himself on Solemn Affirmation despite the fact that the Court below had fixed three dates for the examination of the complainant on Solemn Affirmation. The Court below has considered this aspect and has dismissed the complaint petition as the Court below found that the complainant was not vigilant in pursuing the case. The complainant has neither examined himself on Solemn Affirmation nor has given any proper explanation to justify his absence. Accordingly, I find no merit in this application and this Application is hereby dismissed. Anand ( Sheema Ali Khan, J.)