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2019 Supreme(Raj) 2774

PANKAJ BHANDARI
Indiabulls Housing Finance Limited – Appellant
Versus
State of Rajasthan Through PP – Respondent


Advocates Appeared:
Pankaj Gupta, Adv., Harendar Neel, Adv., Arvind Kumar Chawla, Adv., Nikhlesh Katara, Adv.

JUDGMENT

Pankaj Bhandari, J. - Petitioner has preferred this Criminal Miscellaneous Petition aggrieved by order dated 12.10.2017 passed by Special Judge Robbery Affected Area, Bharatpur (Raj.) whereby revision petition preferred by the petitioner against the order dated 28.12.2012 & 14.01.2013 passed by Judicial Magistrate, Bharatpur was rejected.

2. It is contended by counsel for the petitioner the complainantpetitioner filed F.I.R. against accused-respondent. Police submitted negative final report. No notice was issued to the complainant and the Magistrate accepted the negative final report.

3. It is argued that the Revisional Court observed that notices have not been issued by the Court to the complainant but still the Revisional Court dismissed the Revision Petition.

4. Counsel for the petitioner has placed reliance on Union Public Service Commission vs. S. Papaiah & Ors. , (1997) 7 SCC 614, wherein Apex Court held that Magistrate must give notice and opportunity of hearing to the informant before accepting the final report and closing the case. It further observed that issuance of notice to the informant by the investigating agency is not a substitute for notice required to be giv

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