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2017 Supreme(MP) 98

G.S.AHLUWALIA
Gyan Singh – Appellant
Versus
State of M. P. – Respondent


Advocates:
S.K. Shrivastava for applicant;
Girdhari Singh Chauhan for respondent No.1/State;
Sushil Goswami for respondent No.2

ORDER

1. This criminal revision under section 397/401 of CrPC has been filed by the applicant against the order dated 6.11.2015 passed by 2nd ASJ, Sironj, District Vidisha in Criminal Revision No.84/2015.

2. The facts necessary for the disposal of the present revision in short are that the applicant has filed a criminal complaint against the respondent under section 200 of CrPC. For offences punishable under sections 341, 294, 323/34, 326 and 506 Part II of IPC.

3. The Magistrate by order dated 13.7.2015 took cognizance of offence against the respondent No.2 for the offences mentioned above.

4. Being aggrieved by the order of the Magistrate, the respondent No.2 filed a criminal revision, however, the applicant was not made a party to the said revision. The revisional Court also did not issue notice to the applicant and ultimately partly allowed the revision and discharged the respondent No.2 for offence punishable under section 326 of IPC.

5. A singular contention has been made by the counsel for the applicant that it was obligatory on the part of the revisional Court to hear the applicant prior to passing any order against his interest. The respondent No.2 neither made the applicant as



































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