IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.56398 OF 2007 THRESIAMMA JOSE @ THRESIAMMA KALPURA, DAUGHTER OF JOSEPH KALPURA, RESIDENT OF VILLAGE SHAHPUR, SANTHALI TOLA, POLICE STATION GOALPARA, DISTRICT MADHEPURA VERSUS 1. THE STATE OF BIHAR 2. MD. RAJBOOL, SON OF MD. MUSLIM, RESIDENT OF VILLAGE RAHTA, POLICE STATION UDA KISHANGANJ, DISTRICT MADHEPURA ………………………………………………………………………OPPOSITE PARTIES ********* 4 02/04/2010 Heard learned Counsel for the petitioner, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State. The main grievance of the petitioner is that he was not heard or notices in the revision application filed by Opposite Party No. 2. The Opposite Party No. 2 has challenged order dated 19.02.2004 passed by the Judicial Magistrate, 1st Class, Madhepura in Complaint case No. 546 of 2003. The main ground for challenging the order dismissing the complaint application was that the Judicial Magistrate had stepped out of his jurisdiction and had meticulously examined the evidence in court under Section 202 of the Code of Criminal Procedure and thereafter had passed an order dismissing the complaint petition. It is well settled law that the Judicial Magistrate cannot appraise the evidence at the stage of taking cognizance. The Magistrate can only consider whether offences are made out or not under the sections in which he intends to take cognizance and to examine whether a prima facie case is made out under those sections. Learned Counsel for the petitioner strenuously argued and tried to demonstrate this court that the complaint has been rightly dismissed as the tractor which is the subject matter of the dispute did not belong to the Opposite Party No. 2 and therefore, Opposite Party No. 2 cannot claim the remunerations from the tractor. This aspect of the matter can be judged at the stage of cognizance. Accordingly, I do no find any illegality in the impugned order dated 25.09.2007 passed by the Additional Sessions Judge, Fast Track Court No. I, Madhepura wherein he has examined the entire facts and after doing so, has set aside the order of the Judicial Magistrate, 1st Class, Madhepura and directed the Chief Judicial Magistrate, Madhepura to make further enquiry in the complaint himself or through any Magistrate subordinate to him. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)