IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12939 of 2009 1.LAXMAN MISHRA, Son of Makhan Mishra 2. RAJEEV MISHRA 3.SANJEEV MISHRA @ SANJEEV KUMAR MISHRA Both Sons of Laxman Mishra 4.RAJEEV JHA @ RAJEEV KUMAR JHA, Son of Sita Ram Jha All Residents of Village Lakhnaur, P.S. Lakhnaur, District Madhubani. ……….Petitioners Versus 1.STATE OF BIHAR 2.SAROJ DEVI, Wife of Hari Singh Resident of Village Lakhnaur, P.S. Lakhnaur, District Madhubani. ………..Opposite Parties ----------- 02/- 01.10.2010 Heard learned counsel for the petitioners, Additional Public Prosecutor for the State and learned counsel for the opposite party no. 2. With their consent this matter is being disposed of at the admission stage itself. This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of order dated 17/18.12.2008 passed in Cr. Revision No. 730 of 2008 by learned Sessions Judge, Madhubani, allowing the revision making some modification in the order passed by learned Sub-Divisional Judicial Magistrate, Jhanjharpur in C.R. No. 173 of 2007, where in cognizance was earlier taken by court below for the offence under Section 365 of the Indian Penal Code, but by modification it was to be taken for the offence under Section 364 of the Indian Penal Code. Undisputedly, the petitioners, who were accused before the court below against whom cognizance was taken for the offence 2 under Section 365 of the Indian Penal Code, which was triable by a Magistrate in the revision, before learned Sessions Judge neither they were made party to the same nor any notice was issued against them but without hearing or giving any opportunity for hearing to them, the revision was allowed. On this ground alone the impugned order passed by learned Sessions Judge, which needs interference. It is not sustainable and matter is remitted for afresh order. After hearing, the petitioners, who are as said only persons against whom cognizance was taken either by the court below or modified by the revisional court, there is none else. Since learned counsel for the petitioners undertakes participation before the revisional court on 26th October, 2010 and parties are directed to be present before the learned Sessions Judge in Cr. Revision No. 730 of 2008, who shall preferably hear them on the same day or any shortest convenience date and none of the parties shall be permitted to cause any delay. It is further made clear that any observation made above is not on merit. Let a copy of this order be communicated to the court below through FAX at the cost of the petitioners. Praveen/- (Akhilesh Chandra, J.)