JUDGMENT 1. - By this petition, a challenge is made to the order dated 16.05.2008 whereby revision petition of the complainant was accepted. It is submitted that after investigation, negative final report was given by Police. Protest petition was filed however it was also dismissed. The complainant then maintained a revision petition without impleading accused as a party respondent though it was mandatory in view of Section 398 Cr.P.C. A reference of judgment of this court in the case of Isa Khan v. State of Rajasthan, reported in 2006(3) R.C.C. 1312 has been given wherein same issue was considered. 2. Learned counsel for respondent, on the other hand, supported order and submits that petitioner was not a necessary party as he was yet to be made accused. It was thus not necessary to implead him as party. 3. I have considered the submission and find that issue raised by counsel for petitioner has been dealt with by this court in the case of Isa Khan (supra). Therein, considering similar facts and a challenge to the similar order was accepted in the light of Section 398 Cr.P.C. The petitioner was not made party in revision petition though negative final report was given followed by dismissal of protest petition. Looking to the aforesaid and other facts, impugned order passed by revisional court cannot be allowed to sustain. It is accordingly set aside. 4. The revision petition is disposed of with the direction to the revisional court to hear the matter afresh after providing opportunity of hearing to the petitioner. He may accordingly be impleaded respondent as party in the revision petition. The parties are directed to remain present before revisional court on 25.02.2013. This disposes of stay application also. 5. Record of this case may be sent back to the court below immediately.Revision disposed of. *******