RAM NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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 Narendara Bahadur Singh, Additional Sessions Judge, Fast Track Court No. 1, Gopalganj, passed in Cr. Revision No. 304/5/11/05 by which the learned Judge has set aside the order dated 26.7.2005 passed by the Judicial Magistrate, 1st Class, Gopalganj in complaint case No. 2097 of 2003 (Tr. No.1179/05), dismissing the complaint petition under Section 203, Cr PC.

(2.) 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 hereing the complainant, complaint petition was dismissed which was challenged in revision by the impugned order. The learned Additional Sessions Judge, Gopalganj, Fast Track Court No. 1, Gopalganj allowed the revision application setting aside the order of dismissal and the case was remitted for further inquiry.

(3.) Perused the entire record including both the orders and I find that the learned Additional Sessions Judge, Fast Track Court No. 1, Gopalganj, was justified 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 PC 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.