IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.811 of 2009 LORIK KUMAR Versus STATE OF BIHAR & ANR ----------- 2. 19.3.2010. Heard. The order of Additional Sessions Judge,IX,Patna passed on 17.3.2008 in Cr.Revision Petition No.336 of 2001 is sought to be quashed by the petitioner through the present petition on the ground that the order has been passed against dead persons. It has been contended as also appears stated in paragraphs 5 to 8 of the petition that Lallan Singh was the grand-father of the petitioner who had only one son, namely, Maksudan Singh who happened to be the father of petitioner and both Lallan Singh and Maksudan Singh died quite long ago during the pendency of case no.151 of 1997 before S.D.J.M.,Masaurhi. It was contended by drawing the attention of the court to sub Section (7) of Section 145 of the Cr.P.C. that when any party to the proceeding had died, the Magistrate had to cause the legal representatives of the deceased party to be made a party to that proceedings and thereupon he had to continue the proceedings. - 2 - I direct that the Cr.Revision Petition bearing no.336 of 2001 be restored to its original number and file by the Additional Sessions Judge,IX,Patna which was disposed of by order dated 17.3.2008 and be re-heard. The petitioner shall appear before him within 15 days of the present order which is being dictated in presence of his counsel in court. If the petitioner does not appear then the court of revision shall assume that it has to be heard ex-parte and the revision petition shall be heard and disposed of accordingly. B.Kr. ( Dharnidhar Jha, J. )