IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5113 of 2009 JYOTI KUMARI W/O Late Vijay Kumar Gupta. R/O Mohalla Hajiganj, Patna City, P.S. Chouk, District- Patna ----------Petitioner Versus 1. THE STATE OF BIHAR 2. Binay Kumar Gupta S/O Late Mahesh Prasad Sah 3. Baby Devi W/O Binay Kumar Gupta. Both R/O Mohalla Hajiganj, Patna City, P.S. Chouk, Patna --------------Opposite party. For the Petitioner:- Mr. Mahesh Prasad No. 2,Advocate Mr. Rewti Kant Raman, Advocate Mr. Gopal Sharna, Advocate. For the State:- Mr. Raj Ballabh Singh, A.P.P. 3. 06.12.2010 Heard learned counsel for the petitioner and the State. This application has been filed challenging the order dated 23.12.2008 by which the final form accepted and the protest cum complaint petition filed by the informant is rejected. Learned counsel for the appellant, however, contended that F.I.R. was lodged bearing Chauk P.S. Case No. 245 of 2006 and in the said petition a protest cum complaint petition was also filed. However, the final form was submitted but without notice of hearing. The impugned order has been passed rejecting the protest cum complaint petition. From the perusal of the impugned order learned counsel for the State, however, fairly conceded that the position of law on protest cum complaint petition 2 of the informant requires to be heard. However, in the impugned order it has been mentioned that final form has been accepted in the case and further observed that the notice was issued on 8.9.2008 but the petitioner has not bothered to appear and hence accepted the final form and rejected the complaint. However, having regard to the submission, learned counsel for the appellant said that no notice was ever served and has produced the certify copy of the order dated 8.9.2008, 18.10.08, 3.11.2008 and 15.12.2008 which shows that the service report was not available and asserts that no notice was ever served and make out the point. In the petition para-9 of the order has been passed without affording opportunity of being heard and enquired into the matter or affording opportunity to adduce evidence in support of the protest petition. Having regard to the facts and circumstances of the case, the impugned order is set aside and the lower Court has directed to give opportunity to the petitioner and after hearing the petitioner pass appropriate order and proceed in accordance with law. This application is allowed. Anand Kr. ( Gopal Prasad, J.)