2011 Supreme(Raj) 2789
RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Champalal - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Revision Petition No. 684 of 2008.
Decided On : 13-12-2011
Advocates:
For the Petitioner:Suresh Kumbhat, Advocate.
For the Respondent: A.R. Nikub, Public Prosecutor.
For the Respective respondent:Harish Purohit, Advocate.
Headnote:Criminal Procedure Code, 1973 – S. 397 and 401 – Without impleading the complainant the ADJ set aside the order of cognizance. So revision petition filed against it the impugned order set aside and the case is restored back because the complainant was not given opportunity of hearing. The direction made to ADJ for fresh decision of the case.
JUDGMENT
1. - Heard learned counsel for the parties and perused the orders impugned.
2. The present revision petition has been filed by the petitioner-complainant challenging the order dated 24.06.2008 passed by the learned Addl. Sessions Judge, Sojat, Distt. Pali, whereby, the learned Addl. Sessions Judge, Sojat, Distt. Pali has allowed the revision petition filed by the respondents Nos. 2 to 8 and set aside the order dated 21.09.2006 passed by the learned Addl. Chief Judicial Magistrate, Sojat, Distt. Pali, whereby, the learned Addl. Chief Judicial Magistrate, Sojat, Distt. Pali had taken cognizance against the respondents for offences under Sections 147, 323, 341 and 354 IPC on the basis of a complaint filed by the present petitioner.
3. Assailing the order of the learned revisional court, learned counsel for the petitioner submits that the petitioner-complainant was a necessary party in the revision petition and the learned revisional court has allowed the revision petition filed by the accused persons without providing opportunity of being heard to the present petitioner. Thus, the order of the learned revisional court is patently illegal.
4. Learned counsel for the respondents does not dispute this fact that the petitioner despite being a necessary party in the revision petition was not given an opportunity of being heard. Consequently, this revision petition succeeds. The order dated 24.06.2008 passed by the learned Addl. Sessions Judge, Sojat, Distt. Pali is hereby quashed and set aside. The Criminal Revision Petition No. 11/2007 is directed to be restored to its original number.
5. Both the parties are directed to appear before the learned revisional court on 16.01.2012. The learned revisional court thereafter shall here the revision petition afresh without being influenced by the observations made in the order dated 24.06.2008.Revision Allowed.
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