ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition under Sec. 482 Crimial P.C. directed against the 1 order of the Additional Sessions Judge, Churu dated 14.5.1996 deserves to be allowed on the short ground that it has been passed without hear in the petitioner.

(2.) It is submitted that the cognizance was taken against Deepchand and Rajkumar on the protect petition filed by petitioner Ashok Kumar. The said order could no be reversed without hearing the petitioner complainant. In support of the contention, petitioner has relied upon a decision of the Apex Court in AIR 1985 SC 1285. I find substance in the contention raised by the learned counsel.

(3.) Consequently the misc. petition is allowed. The order of Additional Sessions Judge, Churu dated 14.5.1996 is quashed and set .aside. The revision application before the said court be in criminal revision No. 62/1995 is restored to its original number. Deepchand and Rajkumar shall be impleaded herein as a party respondents. It will not be necessary to Issue notice to Ashok Kumar as learned counsel has undertaken before me that the complainant shall appear before the revision a court on its own. The learned Judge is directed to decide the matter afresh after hearing the parties concerned. The parties are directed to appear before the learned revisional court on 26th April, 2004. The record of the case be returned forthwith. Petition Allowed - Order of Additional Sessions Judge Set Aside, Matter Directed to be Decided Afresh.