IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.157 of 2009 NANDU HARI . --- PETITIONER Versus 1. THE STATE OF BIHAR 2. SMT. MONA DEVI 3. ASHUTOSH KUMAR --- OPP. PARTIES. For the petitioner : Smt. Poonam Kumari, Advocate. For the State : Mr. J.K. Singh No.1, APP ----------- 04 13.04.2011 Heard learned counsel for the petitioner and the State. While assailing the impugned order, it is contended that same has been passed ex-parte. Paragraph no.2 of the order records that the petitioner got the notice returned with endorsement of refusal and did never put his appearance in the case on account of that. Accordingly the case was directed to proceed ex-parte. If the case of the petitioner is that he was not served with any notice then the Code of Criminal Procedure itself provides a remedy in terms of proviso to Section 126 of the Code of Criminal Procedure. Let petitioner invoke the said jurisdiction by filing appropriate application within a period of 04 weeks from today along with a copy of the present order. If any such application is filed, the same shall be considered and disposed of by the Court below on its own merit in accordance with law. The application stands disposed of. Sym/ ( Kishore K. Mandal, J.)