IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21306 of 2008 KUSHMATA DEVI W/o Raja Sah, resident of village- Dayalpur Tola, Senduwar, P.S. Janta Bazar, District- Saran …Petitioner Versus 1. THE STATE OF BIHAR, 2. Ram Avtar Ram S/o Saral Ram, 3. Mand Kishore Ram S/o Babulal Ram & 4. Jai Kishore Ram S/o Babu Lal Ram All are resident of village- Shankarpur, P.S.-Bhagawanpur, District- Siwan …Opposite Parties ----------- 2/ 21.04.2011 Heard the parties. The petitioner has sought quashing of the order dated 18.04.2008 passed by the Additional Sessions Judge-cum-Fast Track Court No. IV, Saran at Chapra, in Cr. Revision No. 50 of 2006 by which it has affirmed the order dated 30.12.2005 passed in Case no. 64 of 2005 by the Executive Magistrate, Chapra. The grievance of the petitioner is that he was not heard before the original Court and both the original Court and the revisional Court merely went on the point that ample opportunity had been given to the petitioner for his appearance before the original Court but did not decide the matter on merits. Since the petitioner must have been given at least one chance, I would direct the revisional Court to hear the matter afresh on merits and pass appropriate orders as it deems fit. With this observation, the application is disposed of. It is expected that the revisional Court will pass order within a period of four months. It is made clear that no notice shall be given to either of 2 the parties since they undertake before this court to present themselves before the revisional Court as soon as the order of this court reaches the revisional court. JA/- (Anjana Prakash,J.)