ASHWANI KALA Vs. LALIT MOHAN
HIGH COURT OF UTTARAKHAND
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Alok Singh, J. -
(1.) Undisputedly, learned Special Judicial Magistrate I, Dehradun vide order dated 06.11.2008 declined to issue summon to the present applicant on the private complaint and dismissed the complaint under Section 203 Cr.P.C. Feeling aggrieved respondent filed a criminal revision No. 163 of 2008 before the Sessions Judge, Dehradun. Revision, so filed by the respondent, was allowed by the Sessions Judge, Dehradun vide order dated 22.04.2009. Learned Revisional Court not only set aside the dismissal order dated 06.11.2008 but also issued direction to the Magistrate to pass fresh order, after perusing the entire record.
(2.) Section 398 of Cr.P.C. reads as under:
"398. Power to order inquiry. On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrate subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub-2 section (4) of section 204, or into the case of any person accused of an offence who has been discharged:
Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made."
(3.) If revision is preferred under Section 397 Cr.P.C. against the dismissal of complaint under Section 203 Cr.P.C. learned Revisional Court after hearing the accused can remand the matter to the Magistrate to hold further inquiry and thereafter, to pass appropriate order. In the present case, no order, as required under Section 398 Cr.P.C., was passed by the learned Revisional Court, the Revisional Court having opined that prima facie case is made out, remanded the matter to Magistrate to pass fresh order. Present petitioner/accused was not heard by the Revisional Court.;
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