IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12982 of 2008 AYODHI YADAV Versus STATE OF BIHAR & ANR ----------- 2/ 14.5.2010 Heard learned counsel for the parties. This petition has been filed for seeking the quashing of order passed by the learned Additional Sessions Judge I, Banka in Cr. Revision No. 287 of 2006 passed on 28.5.2007. It appears that an order of summoning was passed by Shri B.N. Mishra, Judicial Magistrate Ist Class, Banka in Complaint Case no. 619 of 2009 and the complainant was directed to file requisites, necessary for issuing summons to accused persons within time which was fixed by the learned magistrate. The requisites were not filed and as per the provision of section 204(4) of the Code of Criminal Procedure (hereinafter referred to as the Code), the order dismissing the complaint petition was passed by the magistrate. It was contended by drawing the attention of the court towards the provision of section 398 of the Code that it was necessary in such a situation that the accused persons who had been summoned ought to have been heard. The Court believes that when an order of the nature as was passed by the magistrate as per the provision of section 204(4) of the Code was passed, it was not incumbent upon him to hear the accused persons because of the simple reason that the order was not likely to affect in any way the rights of the accused persons 2 and further that they had neither appeared in the complaint case nor they had been discharged from the case. It was simply an order on account of non-compliance of a particular provision of law and that order was made revisable by section 398 of the Code. A reading of the provision of section 398 of the Code may indicate that hearing an accused may be necessary when an accused has been discharged. It was not an order of discharge, it was simply a technical order in the light of technicalities of law as contained in section 204(4) of the Code. That being the position, the petition appears of no merit and the same is dismissed. Anil/ ( Dharnidhar Jha, J.)