IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29866 of 2007 Munna Kumar, Son of Late Ram Jivan Yadav, Resident of Village Bhithra, Police Station Atri and District Gaya. ------- Petitioner Versus 1. The State of Bihar. 2. Jitendra Yadav @ Jitendra Tagore @ Jitendra Giger, Son of Dinesh Yadav, Resident of Village Morobigha, Mukhiya, Jiri Gram Panchayat, Police Station Atri, District Gaya. 3. Ravindra Yadav, Son of Saryu Yadav, Resident of Village Daulatpur, Mukhiya Lahora Panchayat, Police Station Atri, District Gaya. 4. Baleshwar Yadav, Son of Late Dukhu Yadav, Resident of Morobigha, Police Station Atri, District Gaya. ------- Opposite Parties ----------- 5 18.8.2009 Heard learned counsel for the petitioner and counsel for the opposite party no.2. While the law stands well settled that if the informant's version, in any way, is found to be false or incorrect leading to submission of a final form, such informant has to be atleast heard by issuing a notice before passing an order on such final form. In the present case, when the informant’s allegation was as with regard to murder of his father against four persons and if the police had ultimately found allegation to be true against one of them by submitting a final form as against the rest three of them, it ought to have been issued notice to the informant. To that extent, the order of the 2 court below dated 27.11.2006 dropping the proceedings against opposite party nos. 2, 3 & 4 cannot be sustained and accordingly, the same is set aside. As a consequence of setting aside only that part of the order, the learned Magistrate will now re-hear the informant and apply his mind afresh as to whether there are materials in the case diary for proceeding against the opposite party nos. 2, 3 & 4. It goes without saying that if learned Magistrate does not find any material against the opposite party nos. 2, 3 & 4, he would drop the police case against them but even then he will proceed to consider the protest petition pending against the opposite party nos. 2, 3 & 4, as is claimed by the learned counsel appearing on behalf of the petitioner. With the aforementioned observations and direction, this application is allowed only to the extent indicated above. Rsh (Mihir Kumar Jha, J.)