K.C.Dhuliya - (1.) THIS revision has been fifed against the judgment and order of 1st Additional Sessions Judge, Jaunpur dated 11-12-1981, in Criminal Revision No. 124 of 1980 by which he allowed the revision and set aside the order of the Magistrate dated 3-7-1980. The learned counsel for the applicants have urged before us that the impugned judgment of the learned Sessions Judge has been passed without hearing them inasmuch as they were parties before the Magistrate and their names appeared in the preliminary order passed by the Magistrate. I have seen the order of the learned Sessions Judge dated 6-10-1981 by which he rejected the plea of the opposite party no. 1 for impleading applicants in the revision on the ground that they were not parties before the Magistrate. It seems the learned Sessions Judge has not gone through the record of the case and has passed the order without applying his mind. In this way the Additional Sessions Judge has passed the impugned order without hearing the applicants.
(2.) THE judgment and order dated 11-12-1981, is being set aside on the ground that the applicants were not heard by the 1st Additional Sessions Judge inasmuch as they were parties before the Magistrate, thus the learned Sessions Judge, Jaunpur is directed to hear the applicants Sri Ram and Vishwanath as opposite parties in the revision and after hearing both the parties he should deliver his judgment. THE record of the courts below is here. THE office is directed to despatch the same expeditiously. In the result, the revision succeeds and is accordingly allowed and is remanded to the learned Sessions Judge, Jaunpur. The stay order granted by this court on 22-1-1982 is vacated. Revision allowed.;