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RAJENDRA PRAKASH SONI
Manohar Lal S/o. Sh. Sonaram – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER :
1. The petitioner-accused has come to this Court, in this Criminal Misc Petition under Section 482 of Code of Criminal Procedure (for short “the Code”) for assailing the order dated 06.01.2009 passed by Additional Sessions Judge No.3, Jodhpur (for short “the revisional court”) in Criminal Revision No. 89/2008 titled as Om Prakash Vs. State, whereby the revision preferred by the respondent No.2 Om Prakash (complainant) was allowed and order dated 03.04.2008 passed by Judicial Magistrate No.6, Jodhpur (for short “the trial court”) in Criminal Complaint No.32/2007 titled as Om Prakash Vs. Ramakishan was set aside.
2. The revisional court while setting aside the said order, directed the trial court to take cognizance against the petitioner for the offences punishable under Sections 341 and 323 of the IPC and to initiate the trial. This order has been challenged by the petitioner-accused in the instant criminal petition.
3. It is not necessary to set out the facts in detail. Suffice it to say that a criminal complaint came to be filed in the trial court by the complainant by arraigning the petitioner, besides some other persons as accused. The complainant sought prosecution of said
Criminal Courts lack the power to review their own orders, and dismissal for non-prosecution is justified when the complainant fails to appear consistently.
The accused has a right to be heard in revisional proceedings if the complaint is dismissed under Section 203 of the Cr.P.C.
The main legal point established in the judgment is that the accused has a right to be heard in a revision petition challenging the order of dismissal of complaint, even if no process has been issued....
Accused individuals in a criminal revision challenging a dismissal of a complaint under Section 203 entitled to a hearing as per Section 401(2) of the Criminal Procedure Code.
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