IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54177 of 2007 1. Nagendra Singh, Son of Late Sarjug Singh. 2. Diwakar Singh, Son of Nagendra Singh. 3. Arjun Singh, Son of Rameshwar Singh. 4. Renu Singh @ Renu Devi, wife of Arjun Singh. 5. Birendra Singh, Son of Late Ganga Singh. 6. Dhrub Singh, Son of Late Ganga Singh. 7. Ganesh Singh. 8. Abhay Singh @ Abhay Singh. Both sons of Village- Sagar Churaman, Police Station- Keshariya, District-East Champaran.........................................Petitioners. Versus 1. The State of Bihar. 2. Baliram Singh, Son of Late Kalactar Singh, residents of Village- Harakhbara, Police Station-Pakari Dayal, District-East Champaran..................Informant/Opposite Parties. --------- For the petitioners: Mr. Ram Adya Singh, Advocate. For O.P. No.2 : Mr. Anjani Kumar Sharma, Advocate. For the State : Dr. Mayanand Jha, A.P.P. -------- 3. 26.03.2010. Heard the learned counsel for the petitioners and learned counsel for opposite party no.2. The present application has been filed for quashing the order dated 26.09.2007 passed by the learned Sessions Judge, Motihari, East Champaran, in Cr. Revision No.420 of 2007 whereby the learned Sessions Judge, Motihari, East Champaran, has directed the learned Chief Judicial Magistrate, Motihari, to pass a fresh order on the matter of cognizance with regard to Keshariya P.S. Case NO. 89 of 2006. Keshariya P.S. Case No. 89 of 2006 was - 2 - registered under Sections 304B, 201, 323, 341,379, 504/34 of the Indian Penal Code against 11 accused persons wherein it has been alleged that the marriage took place on 10.05.2005 but for the demand of dowry, the informant’s daughter, Chand Tara Devi, was killed on 10.11.2006 and dead body was disposed of. The police after investigation, submitted charge sheet vide Chargesheet No. 129 of 2007 on 05.08.2007 against three persons, the husband, father-in-law and mother-in-law under Sections 304(B), 201/34 of the Indian Penal Code whereas against other accused persons, who are distant relatives of the husband, no evidence was found hence they were not sent-up for trial. Consequently on 10.08.2007, the learned Chief Judicial Magistrate, Motihari, took cognizance against the charge sheeted accused Bipin Singh, Sujeet Singh and Kalawati Devi whereas discharged the other eight accused persons since they were not sent up for trial by investigating agency. The part of the order dated 10.08.2007 - 3 - passed by the learned Chief Judicial Magistrate, Motihari, whereby not sent up accused were discharged, was challenged by the informant in Cr. Revision No.420 of 2007 on the ground that there was material against them and the informant was not given notice. The learned Sessions Judge, Motihari, East Champaran, vide order dated 26.09.2007 directed the learned Chief Judicial Magistrate, Motihari, to pass a fresh order after hearing the parties including the informant on the ground that no notice was issued to the informant. Moreover the protest petition was pending and the materials in the case diary have not been discussed. The accused who were not sent up for trial and were discharged by learned Chief Judicial Magistrate vide order dated 10.08.2007 are the petitioners in the present quashing application. It has been submitted by the learned counsel for the petitioners that in Cr. Revision No. 420 of 2007, the petitioners were not parties so they were not being heard. The submission of the learned counsel for the petitioners appears to be correct after - 4 - perusal of the order dated 26.09.2007 in Cr. Revision No. 420 of 2007, it appears that petitioners were not made party in the aforesaid criminal revision. Without expressing any opinion with regard to the merits of the case, I do hereby quash the order dated 26.09.2007 passed in Cr. Revision No. 420 of 2007 with direction to the learned Sessions Judge, Motihari, to hear all the persons against whom final form was submitted because with the acceptance of the final form and being discharged in the case, a right has accrued to them and behind their back no order can be passed, hence learned Sessions Judge, Motihari, may issue notice to all the persons who were discharged and after hearing the counsel for all effected persons pass an appropriate order afresh. With the directions stated above, the application is allowed. U.K. (Dinesh Kumar Singh,J)