IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9630 of 2010 MD.SARFUDDIN S/O MD. SHAHID ANSARI AT PRESENT ADMINISTRATOR, RAJENDRA KHADI GRAMODYOG SANGH, HEAD OFFICE: BRAJ KISHORE ASHRAM, P.S. SIWAN MUFFASIL, DISTRICT- SIWAN. ……………. Petitioner Versus 1. THE STATE OF BIHAR 2. SRI BEOBHUSHAN GIRI S/O LATE VIDYANAND GIRI, R/O VILLAGE BARGAON, GOSAI TOLA, P.O. & P.S.- MAIRWA, DISTRICT- SIWAN. AT PRESENT RESIDING AT RAJENDRA KHADI GRAMODYHOG SANGH, HEAD OFFICE: BRAJ KISHORE ASHRAM, P.S. SIWAN MUFFASIL, DISTRICT- SIWAN. 3. SRI RAMDEO CHAUDHARY, S/O LATE SUKHDEO CHAUDHARY R/O VILLAGE & P.O.- MAJHWALIA, P.S.- ANANDPUR, DISTRICT- DARBHANGA. 4. SRI SUDAMA SINGH, S/O LATE RAM BARAN SINGH, R/O VILLAGE BAHADUR PATEJI, P.O.-KHUJWA, P.S. ANDER, DISTRICT- SIWAN. 5. SRI SHAILENDRA KUMAR KARN, S/O LATE RAJBALLABH DAS, R/O VILLAGE & P.O.- SIMRI, VIA- ARER HAT, P.S.- BISFI, DISTRICT- MADHUBANI AT PRESENT RESIDING AT RAJENDRA KHADI GRAMODYOG SANGH, HEAD OFFICE: BRAJ KISHORE ASHRAM, P.S.- SIWAN MUFFASIL, DISTRICT- SIWAN. 6. SRI NAGENDRA GIRI, S/O LATE RAMANAND GIRI, R/O VILLAGE BARGAON, P.O. & P.S.- MAIRWA, DISTRICT- SIWAN. AT PRESENT RESIDING AT RAJENDRA KHADI GRAMODYOG SANGH, HEAD OFFICE: BRAJ KISHORE ASHRAM, P.S.- SIWAN MUFFASIL, DISTRICT- SIWAN. 7. MD. BADRE ALAM, S/O LATE MD. ISHAQUE, R/O VILLAGE & P.O.- CHACHON PALI, VIA- TARWARA, P.S.- G.B. NAGAR (TARWARA), DISTRICT- SIWAN. 8. NASEEM EQBAL, S/O LATE MD. ARIF, R/O VILLAGE & P.O.- GOVINDPUR, VIA- MUSTAFABAD, P.S.-GORAIYA KOTHI, DISTRTICT- SIWAN. …………… Opposite Parties ----------- 2. 02.12.2010 Heard the parties. It has been submitted that the Chief Judicial Magistrate, Siwan has passed the order dated 8.2.2010 in Siwan Muffasil P.S. Case No. 162 of 2007, accepting the final report without hearing the petitioner who was the informant of the case. Considering that the case is of defalcation and it is essential that the informant be heard before acceptance of the final report the matter is remanded to the Chief Judicial Magistrate, Siwan for passing a fresh order on the final report submitted in Siwan Muffasil P.S. Case No. 162 of 2007, after hearing the petitioner who was the informant of the case. The petitioner shall appear within a period of 4 weeks from today with a copy of this order so that appropriate notices are issued to the accused persons by the court below and such order is deemed necessary is passed on the same. With these observations the application is disposed off. Fahad. ( Anjana Prakash, J. )