JUDGMENT : 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. The present criminal revision has been filed against the order dated 12.08.2016 by which the complaint petition has been dismissed due to non-compliance of the order dated 19.01.2016 by the complainant. 3. Counsel for the petitioner submits that Complaint Case No. 293C of 2015 was filed against 21 named accused persons. Some of them are public servants and some of them are not public servant. S.A. and enquiry witnesses took place, thereafter vide order dated 19.01.2016 a direction was given to the complainant to produce the sanction for prosecution for maintaining this complaint petition and thereafter opportunity was granted on several occasions to produce the sanction for prosecution. Counsel further submits that it is a private complaint and not an official complaint, therefore, sanction for prosecution is not required for private complaint. So far as the officials (private servants) are concerned, there is no such allegation that they have conducted the things in the official capacity. It has also been submitted that allegations are also against some accused persons, who are not holding the public post and on the ground of demand of sanction for prosecution, the complaint petition may not be dismissed against all of the accused persons i.e. public servant and private persons. 4. Counsel for State fairly submits that there is need to proceed against the private persons, if there are material in the complaint, S.A., enquiry witnesses against them. 5. From the argument and records of the case, it transpires that there is no whisper on the merit of the case that whether prima facie offence is made out or not, which is a necessary requirement passing order on the point of cognizance. All accused persons are not Public Servant and it has to be looked into that whether they have taken any action in official capacity or in purporting the official duty? 6. In this view of the matter, the order dated 12.08.2016 passed in Complaint Case No. 293C of 2015 are hereby quashed. The matter is remitted back to the Chief Judicial Magistrate, Begusarai to pass order a fresh considering the merit of the case. 7. Accordingly, the present Cr. Revision application is hereby disposed off.