Criminal Miscellaneous No.12514 of 2004 *** In the matter of an application under section 482 of the Code of Criminal Procedure *** 1. Uma Devi wife of Krishnandan Prasad Singh & 2. Krishnandan Prasad Singh, son of Late Janki Singh Both resident of village- Pachhia Dih, P.S. Mufasil (Nawada), District- Nawada ...Petitioners Versus 1. THE STATE OF BIHAR & 2. Siyaram Singh, son of Damodar Singh, resident of village- Saidi, P.S. Katri Sarai, District- Nalanda …Opposite Parties *** For the petitioner : Mr. Anjani Kumar, Advocate. For the O.P. No.2 : M/s Arun Kumar & Bipin Kumar, Advocates For the State : Mr. R. B. Roy ‘Raman’, APP *** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anjana Prakash, J. The petitioners have sought quashing of the order dated 22.3.2004 passed by the Additional Sessions Judge-cum- Fast Track Court No. V, Nalanda at Biharsharif, in Cr. Revision No. 73 of 2004 by which he has set aside the order dated 17.2.2004 passed by the Judicial Magistrate, 1st class, Biharsharif, in Complaint Case no. 809 © of 2003, by which he has dismissed the complaint petition. 2. The simple argument that has been made on behalf of the petitioners is that while passing final orders in the revision filed by the complainant against the order of dismissal of the complaint, the petitioners were not noticed which is the requirement in law under section 398 Cr. P. C. 3. The opposite party no.2 has no reason to refute the arguments since it is purely a question of law. 4. In view of such, the order dated 22.3.2004 passed by the Additional Sessions Judge-cum- Fast Track Court No. V, Nalanda at Biharsharif, in Criminal Revision No. 73 of 2004 is set aside and the matter is remanded to the Additional Sessions Judge-cum- Fast Track Court No. V, Nalanda at Biharsharif, for a fresh adjudication of the matter after noticing the relevant parties. 5. The application is allowed on the terms noted above. (Anjana Prakash, J.) Patna High Court, Patna Dated the 8th July, 2010 NAFR / JA/-