SITARAM Vs. BISHANLAL & ORS.

JUDGEMENT

(1.) This revision petition has been filed under Section 397 read with Section 401 of the Cr.RC. against the order dated 05.06.2002 passed by the learned Special Judge, SC/ST Cases, Sawaimadhopur in Criminal Revision No. 127/2001 (128/2001) whereby the order passed by the learned Chief Judicial Magistrate, Sawaimadhopur dated 30.07.2001 in criminal Case No. 384/1994 has been set aside and accused-respondents have been discharged.

(2.) The contention of the learned counsel for the petitioner is that in the instant case, on the complaint of the petitioner, after investigation the police submitted a final report on which the learned trial Court on filing a protest petition proceeded in the matter and recorded pre- charge evidence and thereafter framed charges against the accused-respondents for the offence under Sections 420, 468 & 471 of the IPC. The order passed was challenged before the Revisional Court and the Revisional Court vide order dated 05.06.2000 set aside the order framing charge against the accused-respondents without hearing the complainant. Hence this revision petition.

(3.) It has been contended by the learned counsel for the petitioner that in view of provisions contained in Section 401 of the Cr.P.C. it was mandatory on the part of the Revisional Court to have provided an opportunity to the petitioner before passing impugned order in the matter. The learned counsel in support of his submission has placed reliance on a decision rendered by this Court reported in 2002 (1) R.Cr.D. 172 (Raj.), Hazi Mohd. Shafi v. State of Rajasthan & Anr. .