IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28300 of 2009 MUNNA KUMAR, son of Amar Singh, resident of Makhanpur, PS Alamganj, District Patna – Petitioner. Versus THE STATE OF BIHAR ----------- 2 12.11.2009 Learned counsel for the petitioner submits three persons are accused in this case. Charge sheet was submitted only against Dhiraj Kumar. Final form has been submitted as far as Suraj Agrawal and his son are concerned. Learned counsel submits that the court ought to have issued notice to the informant before accepting the final form. It is further submitted that the case was instituted under section 379 of the Penal Code. Apparently on investigation the factum of theft was not found to be true. If the facts stated aforesaid are true, then the Magistrate should issue notice to the informant and passed orders accordingly. The matter is remanded back to the Judicial Magistrate, Ist Class, Patna with respect to Kadam Kuan PS Case No.346/2008 who will pass a fresh appropriate order after issuance of notice to the informant. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)