IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REVISION No.171 of 2006 MADAN SINGH & ORS Versus THE STATE OF BIHAR & ANR ----------- 6. 11.07.2008. Heard learned counsel for the petitioners and the State. 2. This Cr. Revision application is directed against the order dated 8th December, 2005 passed by the Additional Sessions Judge, Lakhisarai in Cr. Revision No. 436 of 2003, whereunder order dated 30.9.2003 passed by the Additional Chief Judicial Magistrate, Lakhisarai in G.R.No. 130 of 2002, arising out of Suryagarha (Manikpur) P.S.Case No. 55 of 2002 accepting Final Form against the petitioners was set aside without even impleading the petitioners, which is evident from the cause title of the order dated 8th December, 2005 itself. 3. It is submitted on behalf of the petitioners that Cr. Revision application filed against the order dated 30.9.2003 without impleading the petitioners ought not to have been entertained as the Final Form filed against them by the police was accepted by the Additional Chief Judicial Magistrate, Lakhisarai under orders dated 30.9.2003 and before setting aside the said order petitioners should have been heard. 4. Counsel for Opposite Party No.2, however, submitted that on technical ground the impugned order dated 8.12.2005 may be set aside but the fact remains that protest-cum-complaint has already been filed in the court of Additional Chief Judicial Magistrate on behalf of the informant for proceeding against the petitioners as - 2 - submission of the Final Form against the petitioners was contrary to the materials collected in the case diary during the investigation. 5. Without going into the correctness or otherwise of the contention that a protest-cum-complaint has already been filed for proceeding against the petitioners which is still pending, I set aside the order dated 8th December, 2005 passed by the Additional Sessions Judge, Lakhisarai in Cr. Revision No. 436 of 2003 with liberty to Opposite Party No.2 to either proceed with the protest-cum-complaint filed after acceptance of the Final Form under order dated 30.9.2003 or to implead these petitioners in Cr. Revision No. 436 of 2003 and thereafter proceed against them in accordance with law. 6. With the aforesaid observations and directions, this Cr. Revision application is disposed of. P.K.P. (V.N.Sinha,J.)