IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REVISION No.1407 of 2007 BHOLA SINGH & ORS Versus THE STATE OF BIHAR ----------- 3. 1.7.2008. Heard learned counsel for the petitioners and the State. 2. This criminal revision application is directed against the impugned order dated 7.9.2007 passed in Criminal Revision No. 205 of 2001 whereunder judgment of acquittal dated 17.4.2001 passed in G.R. Case No. 2045 of 1996 has been set aside. 3. It is submitted on behalf of the accused petitioners that the impugned order dated 7.9.2007 was passed without service of notice on them and in support of such submission reliance has been placed on the entire order-sheet of Cr. Revision No. 205 of 2001. 4. Learned State counsel has perused certified copy of the order-sheet of Cr.Revision No. 205 of 2001 and having perused the said order- sheet submitted that from the order-sheet it does not appear that the petitioners were ever served with the notice of the Cr.Revision No. 205 of 2001 and the impugned order dated 7.9.2007 has been passed without the benefit of their appearance and - 2 - submission. As the order of acquittal recorded in favour of the petitioners under judgment dated 17.4.2001 passed in G.R. Case No.2045 of 1996 has been set aside under order dated 7.9.2007 passed in Cr. Revision No. 205 of 2001 without hearing the petitioners, the same has to be set aside which is, accordingly set aside and the petitioners are directed to appear in the court below on 21st of July, 2008 whereafter they be heard in the Criminal Revision and the Criminal Revision be disposed of in accordance with law. 5. With the aforesaid observations and directions this criminal revision application is allowed. 6. Let this order be communicated to the court of Sri S.N.Mishra, 7th Addl. Sessions Judge, Bhagalpur through fax on payment of usual charges by the petitioners. Rajesh/ (V.N.Sinha, J.)