IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.775 of 2007 1. KEDAR PRASAD SINGH 2. Pankaj Kumar Versus 1. The STATE OF BIHAR 2. Birendra Kumar Sinha ------ For the Petitioners : Mr. Devendra Kumar Sinha, Sr. Adv. Mr. Abhinay Raj, Adv. For the State : Mr. Jitendra Kr. Singh-I, A.P.P. For the O.P. No.2 : Mr. Vikram Dev Singh. ---- 6/ 04.05.2010 Heard learned counsel for the petitioners and learned counsel for the Opposite Parties on merit. A complaint under Sections 406, 420, 465, 468 and 120B of the I.P.C. filed against Rama Devi, her husband Kedar Prasad Singh and her son Pankaj Kumar which was enquired by the learned S.D.J.M., Patna but cognizance was taken against Rama Devi only. That order was challenged by filing Cr. Revisions No. 279 of 2006 by the complainant with the prayer that the offence constituted against petitioners, Kedar Prasad Singh and Pankaj Kumar as well. That is allowed also which is challenged in this revision application. Submission of the learned counsel for the petitioners is that dispute between the parties was concerned civil litigation only but cognizance is taken for criminal offence which could be pointed out in the Additional Sessions’ Court who decided the Revision No. 279 of 2006 but neither petitioners were made party nor were heard. That much is admitted on behalf of the learned counsel for the opposite party also with a say that making them party was not necessary. Further, it is admitted that while cognizance was taken, 2 petitioners were left finding no criminal liability for accusation and revision was affecting their interest only. So, they should be made party given opportunity to be heard which has not been done. Hence, the order passed by the learned Additional District and Sessions Judge-7, Patna is not liable to be sustained. Accordingly, the revision application is allowed. The Order dated 21.03.2007 passed by the Additional Sessions Judge-7, Patna in Cr. Revision No. 279 of 2006 is hereby set aside and the case is sent back to the Court concerned (Additional Sessions Judge- 7, Patna) to decide the same afresh giving an opportunity to petitioners also. shail (Mandhata Singh, J.)