IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19413 of 2010 1. SURENDRA SINGH @ SURENDRA PRASAD SINGH, SON OF LATE RAM PRASAD SINGH 2. DILIP SINGH @ DILIP KUMAR SINGH, SON OF RAM BALI SINGH 3. SUNIL SINGH @ SUNIT SINGH, SON OF CHANDESHWAR SINGH 4. VISHWANATH SINGH, SON OF RAMDEO SINGH ALL RESIENT OF VILLAGE – FATEHPUR, P.S. DIDARGANJ, DISTT. PATNA. ------ PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BISHWANATH SINGH, SON OF LATE RAM CHANDRA SINGH, RESIDENT OF VILLAGE – FATEHPUR, P.S. DIDARGANJ, DISTT. PATNA. ----------- OPPOSITE PARTIES. For the petitioner : Mr. Krishna Pd. Singh, Sr. Adv. For the State : Mr. C. Jawahar, A.P.P. ----------- 3. 25.02.2011 Heard the parties. The petitioners are aggrieved with the order dated 8.3.3010 passed by the Additional Sessions Judge, Patna City, in Criminal Revision No. 207 of 2008/191 of 2010 by which he has allowed an application filed by the Opposite Party No. 2 against the order of the trial court by which he had refused to summon the petitioners under Section 319 Cr. P.C. It has been submitted that from the order sheet, it appears that neither the Opposite Party No. 2 nor the petitioners were heard before the final order was passed and in the meanwhile, the other co-accused persons were acquitted. From the judgment of acquittal filed herein, I find that the same was completely unwarranted and it is surprising that the accused had been acquitted despite there being material 2 against them. In view of such, I am inclined to remand the matter to the court below for a fresh notice to the Opposite Party No. 2 to be heard since interest of justice would suffer if any accused against whom there is sufficient material, is not put on trial. With these observations, the application is disposed of to the limited extent noted above. It is made clear that the petitioners need no further notice since this order is being passed in their presence and they shall appear before the court below within a period of two weeks from the receipt of this order. S.Ali ( Anjana Prakash, J.)