IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56383 of 2007 RAIS ALAM, SON OF SK. ENAYAT, RESIDENT OF VILLAGE SHIHARAWA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. --- PETITIONER Versus THE STATE OF BIHAR --- OPPOSITE PARTY For the petitioner :- Mr. N.A. Shamsi, Advocate Mr. Arjun Pd. No. 2, Advocate Mr. Rashid Rais, Advocate ----------- 3 5.4.2010 The order dated 7.9.2007 has been passed against the order dated 8.2.2007 passed in Complaint Case No. 2279(C) of 2006. The complainant has challenged the order dismissing the complaint petition. The Sessions Judge dismissed his application on the ground that the opposite party ought to have been made party in the revision application. Learned counsel relies on the case of Rajendra Lal Das & Ors. Vs. The State of Bihar & Anr. reported in 2003(4)PLJR437 a Division Bench judgment of this Court wherein it has been held that it is not essential to make the accused ‘party’ in a revision application when it comes up for the purposes of considering whether the complaint case has been rightly or wrongly dismissed by the Judicial Magistrate/Chief Judicial Magistrate. I am not making any comments with respect to the merits of the case. In view of the aforesaid judgment, I remand the matter back to the Court of the Additional Sessions Judge, Fast Track Court No. II, Bettiah in Criminal Revision No. 46 of 2 2007 to hear the matter afresh within a period of two months from the date of receipt/production of a copy of this order. This application is disposed of with the aforesaid obversation. Counsel for the petitioner is at liberty to deposit the cost of FAX by 16th of April, 2010, failure to do so dismissal of this case. Sanjay (Sheema Ali Khan, J.)