HARBANS LAL, J.

( 1 ) HEARD learned counsel for the parties. This revision petition is directed against the order dated 13-6-2001 passed by learned Addi. Sessions Judge, Neem-ka-Thana in Criminal Revision Petition No. 51/2000, whereby the order of taking cognizance dated 4-10-1999 of learned Judicial Magistrate, Srimadhopur in FIR No. 113/98 upon F. R. No. 37/98 for the offences under Sections 147, 447, 323/149, I. P. C. has beent quashed.

( 2 ) IT is a common ground of the parties that the complainant was neither impleaded as a party in the revision nor he was afforded an opportunity of being heard before deciding the aforesaid revision, whereas he was the person on whose first report the case was registered and after submission of F. R. in the case, cognizance was taken on his protest petition.

( 3 ) IT has been held in case of Mohd. Iqbal v. State of Rajasthan and others, facts of which case are almost identical to the facts of present case, that where the Magistrate took cognizance on protest petition and on a revision order of cognizance was quashed without notice and affording opportunity of hearing to the complainant the order was found to be against the principles of natural justice, as the complainant was necessary party in such a case. Accordingly, the order quashing cognizance was set aside and the matter was remitted to the learned lower court directing it to pass fresh order after hearing the complainant.

( 4 ) IN the instant case also the complainant having not been impleaded as a party in revision petition and the revision petition having been disposed of without notice and without affording an opportunity of hearing to him, this revision petition deserves to be accepted on this sole ground without going into the merits of the case.

( 5 ) ACCORDINGLY, this revision petition is accepted and. the order passed by the learned lower court dated 13-6-2001 is set aside and the matter is remitted to the learned lower court with a direction to pass fresh order after affording an opportunity of hearing to the complainant.

( 6 ) THE parties are directed to appear before the learned Addi. Sessions Judge, Neem-ka-Thana on 16-1-2002. Revision allowed. Matter remitted to Sessions Court.