IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7828 of 2009 CHANDRIKA SINGH, SON OF CHHATTU PRASAD, RESIDENT OF ASPATAL ROAD, P.O. SIWAN, P.S. SIWAN TOWN, DISTT. SIWAN. -------- PETITIONER. Versus 1. THE STATE OF BIHAR 2. RAJENDRA SINGH, SON OF LATE KAMLA SINGH 3. JITENDRA KUMAR, SON OF RAJENDRA SINGH 4. SANJAY PRASAD, SON OF SUDAMA PATEL ALL RESIDENT OF VILLAGE – SHANKARPUR, P.S. ASAON, DISTRICT SIWAN. 5. RAJESHWAR PRASAD, SON OF MOTILAL PRASAD, RESIDENT OF VILLAGE – SALAHABAD, P.S. SALAMPUR, DISTRICT – DEORIA (U.P.) ------ OPPOSITE PARTIES. ----------- 2. 25.08.2010 Heard the parties. The petitioner who was the Informant of the present case is aggrieved by the revisional order by which the matter has been remitted to the Magistrate for fresh consideration on the point of charge without hearing him which is in clear contravention of Section 398 Cr. P.C. In view of such, this application is allowed and the matter is remitted to the revisional court i.e. District & Sessions Judge, Siwan to hear the matter afresh after noticing both the parties. To the limited extent noted above, this application is allowed. S.Ali ( Anjana Prakash, J.)