IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18603 of 2007 GANESH PRASAD, son of late Dina Nath Sahay, resident of Road No.3, Budha Nagar, P S – Kankarbagh, District – Patna. Versus 1. STATE OF BIHAR 2. Bimilesh Prasad Singh, son of Janeshwar Sharma, resident of Nageshwar Colony, Boring Road, P S – Kotwali, District – Patna. ----------- 03. 11.05.2009 Heard learned counsel for the petitioner. There is no representation on behalf of the opposite party No.2 even though valid service of notice has been reported. Petitioner is aggrieved by the order dated 9.1.2007 passed in Criminal Revision no. 840 of 2004 by Shri Muni Lal Paswan, learned Additional Sessions Judge-XII, Patna, who by virtue of the said order set aside the order dated 15.9.2004 passed by Shri N B Lal, Judicial Magistrate, Patna in Complaint Case No. 157 C of 1997 allowing the petition for bringing certain documents on record as evidence under section 311 of the Code of Criminal Procedure. The pointed submission made on behalf of the petitioner is that against the said order Criminal Revision No. 840 of 2004 came to be filed by opposite party No.2 without impleading the present petitioner as opposite party. This has created serious prejudice to his interest, more so when by the detailed reasoned order application under section 311 was allowed. Even from the perusal of the impugned order passed in revision nothing would indicate that what has been urged on behalf of the petitioner is wrong. The Court is constrained to record there is nothing to show that petitioner was made party and was heard in the - 2 - matter. The Court is satisfied that the petitioner has been intentionally prevented from placing his point before the revisional court. Petitioner has made out a case for interference. The impugned order stands quashed. The matter is remitted back to the court below with a direction that petitioner must be impleaded as party and heard before fresh order is passed in the revision. The application stands allowed with above direction. rkp (Ajay Kumar Tripathi, J)