IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14072 of 2007 1. LALIT KUMAR GIRI @ LALIT KISHOR GIRI son of Baleshwar Giri. 2. Baleshwar Giri son of late Dhadhan Giri. 3. Urmila Devi wife of Baleshwar Giri All residents of village – Bisunpur Mathiya, P S – Marhawra, District – Saran. Versus 1. STATE OF BIHAR 2. Binda Giri, son of late Sheojee Giri, resident of Village – Harpur Jan, P S Masharakh, District-Saran. ----------- For the petitioners : M/S. Vishwanath Pd Sinha, Sr. Advocate & Yugal Kishore. For the State – Mr. Jharkhandi Upadhyaya, APP. ------- 05. 29.04.2009 Petitioners are seeking quashing of the order dated 20.11.2006 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Saran at Chapra in Cr. Revision No. 262 of 2005. When the matter was heard earlier by this court pointed statement and submission have been made by the learned senior counsel on behalf of the petitioners that the impugned order passed in the matter has been passed behind the back of these petitioners and they had not been given an opportunity of hearing. The submission led the Court to call for the original record to verify the actual state of affairs. The original record has been received. From the order sheet dated 18.11.2006 the reflection is that haziri was filed and matter was heard on behalf of the complainant and it stood adjourned to 20.11.2006. On that day, there is nothing to show that these petitioners were duly represented or had appeared but the final impugned order has come to be passed. Learned counsel also demonstrates that haziri was there on 18th and since the matter was - 2 - adjourned to 20th they were under the impression that the matter will be taken up on that day but instead hearing being conducted, the order has come to be passed. Despite notice opposite No.2 has not appeared in the matter. There is reflection of what has been stated at the bar by the learned counsel representing the petitioners. In that view of the matter the court is of the considered opinion that the matter requires reconsideration. The impugned order dated 20.11.2006 stands quashed and the matter is remitted back to the court below who shall issue notice to both sides, hear the matter and pass a fresh order in the case. The application stands allowed. The original record of the case should be transmitted back forthwith by the office. rkp (Ajay Kumar Tripathi, J)