IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.110 of 2008 1. RAM CHARITRA PRASAD @ RAM CHARITAR SINGH S/O LATE BHATU YADAV 2. SUNILA DEVI W/O RAMCHARITRA YADAV 3. PANKAJ KUMAR S/O RAMCHARITRA YADAV 4. SAKLU PRASAD 5. ALVELA YADAV S/O YAMUNA YADAV 6. MUNNA YADAV S/O LATE RAMAWATAR YADAV --- PETITIONERS. Versus 1. STATE OF BIHAR 2. RAJNANDAN SINGH SON OF LATE GOPAL SINGH -- OPP. PARTY. For the Petitioners : Mr. Mahesh Prasad II Advocate. For the O.P.No.2 : Mr. Anil Kumar Singh, Advocate. For the State : Mr. Aditya Narayan Singh I, APP ----------- 04 07.09.2010 Heard learned counsels for the petitioners, opposite party no.2 and the State. Sole grievance of the petitioners is that the revision application preferred against the order dated 07.12.2006 passed by learned Judicial Magistrate Ist Class Hilsa, Nalanda, in complaint case no. 371 C of 2006 was passed without issuing any notice to the petitioner (opposite party to the memo of revision). By order dated 07.12.2006 learned Magistrate, on a consideration of the materials placed on record in course of enquiry made under Section 202 of the Code of Criminal Procedure (hereinafter referred to as the Code) had dismissed the complaint in terms of Section 203 of the Code,(Rajnandan Singh Vs. Ram Charitra Prasad ). Learned counsel for the petitioners referred to paragraph no.9 of the present memo of revision which reads as under:- “9. That it appears that complainant being aggrieved by the order dated 07.12.2006 filed revision before the Ist Additional Sessions Judge, Hilsa, Nalanda, which was numbered as Cr. Rev. no. 71 of 06/18 of 07 who without issuing any notice to the petitioners, in violation of the principles of natural justice by omitting error of law and facts by order dated 19.3.07 allowed the revision case and directed the concern Judicial magistrate to held further inquiry.” Learned counsel for the opposite party no.2 is not in a position to controvert the aforesaid statement. Section 398 of the Code reads as under:- “398. Power to order inquiry- On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 of sub-section (4) of section 204 or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.” It can be seen, thus the power of revision can be exercised whereunder the Court can direct for further enquiry into the case (complaint) but such order has to be passed after giving opportunity of showing cause. Counsel for the petitioners has placed reliance on a judgment of this Court reported in 2004(4) PLJR 468 (Haridwar Singh @ Hardwar Singh & Ors. vs. State of Bihar & Anr.). The facts of the case can be seen from paragraph no. 5 of the said judgment. The petitioners had impugned the order of the learned Sessions Judge which was passed without affording any opportunity of hearing to the accuseds against whom the complaint had been enquired into and dismissed in terms of Section 203 of the Code. In that view of the matter, this Court is satisfied that the order impugned requires interference. Consequently the order impugned dated 19.03.2007, passed by Ist Additional Sessions Judge, Hilsa Nalanda in Cr. Rev. no. 71 of 2006/18 of 2007, is quashed and set aside. The matter goes on remand back to the learned revisional Court for deciding the revision application afresh after affording opportunity of hearing to the petitioners who have been arrayed as opposite parties to the said proceeding. Both the parties shall appear before the said Court within 03 weeks along with a copy of this order. Sym ( Kishore K. Mandal, J.)