(1) LEAVE granted.

(2) THE only question that requires consideration in the present case is whether the High Court while exercising its revisional jurisdiction can refuse to hear or entertain the matter on the ground that the accused has not surrendered.

(3) UNDER the provisions of Criminal Procedure Code, there is no such requirement though many High Courts in this country have made such provision in the respective rules of the High Court. But it is stated to us that there is no such rule in the Patna High Court Rules. In that view of the matter the High Court was not justified in rejecting the application for revision solely on the ground that the accused has not surrendered.

(4) WE, therefore, set aside the impugned order and direct that the revision application be taken up by the High Court on merits. We make it clear that our order does not disentitle the High Court to dismiss the revision on merits.

(5) THE appeal is disposed of accordingly.