IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51231 of 2007 1. KEWAL RAI 2. NIHORA RAI @ BACHCHU RAI 3. LALAN RAI 4. BABAN RAI …PETITIONERS Versus 1. STATE OF BIHAR 2. MITHILESH KUMAR …OPPOSITE PARTIES For the petitioners : Mr.B.P.Pandey, Sr. Advocate & : Mr.Praveen Kr. Sinha For o.p.no.2 :Mr.Ranjeet Kr. Singh no.2 For the State : Mr. Jharkhani Upadhyay,APP ----------- 07. 30.08.2010 Heard counsel for the parties. Petitioners impugn the order passed in Cr. Revision No.436/05 and challenge the same on the ground that the informant did not implead the accused persons as party thereto and accordingly the revisional court did not issue any notice to the petitioners herein and allowed the said revision application and the order dated 12.04.05 passed by learned A.C.J.M. Danapur in Bihta P.S. Case No. 129/04 was interfered with and quashed. This Court by order dated 02.04.2010 granted opportunity to the opposite party to seek information whether the petitioners (accused persons) were made party to Cr.Revision No.435 of 2005 preferred against the order taking cognizance. No such affidavit has been filed denying the aforesaid stand of the petitioners that revision application was heard and allowed without impleading them as party to the said criminal revision. Consequently, this Court is inclined to 2 interfere with the revisional order and quash the same. The dispute only pertains to whether a case under section 307 IPC is made out or not. The complainant shall have adequate opportunity during the proceeding of the case to agitate the said grievance. The application is allowed and the order dated 26.09.2007 is quashed and set aside. hr ( Kishore K. Mandal )