- (1.) Heard learned counsel for the parties.
(2.) The instant misc. petition has been preferred against the order dated 8.4.2013 passed by the learned Additional Chief Judicial Magistrate, Sojat in connection with F.I.R. No. 32/2013 and F.R. No. 18/2013 of the Police Station Sojat City, whereby the F.R. submitted by the Investigating Officer was accepted.
(3.) Learned counsel for the petitioners submits that the F.I.R. was signed by a number of other persons apart from Kachra Ram, whose name is shown as sole first informant. He submits that while accepting the F.R., all the aggrieved persons, who signed the F.I.R., were required to be given notice and provided opportunity of hearing before accepting the F.R. The Investigating Officer informed about the date of filing of the F.R. to Kachra Ram alone who appeared before the trial Court on the same day and conceded that the F.R. be accepted. Accordingly, the trial Court accepted the F.R. without giving any notice or providing any opportunity of hearing to the present petitioners, who are also affected/aggrieved persons. He submits that ex-facie the impugned order accepting the F.R. is illegal and contrary to the principles laid down by the Hon'ble Apex Court in the case of Bhagwant Singh v. The Commissioner of Police & Anr., 1985 AIR(SC) 1285. He thus prays that the instant misc. petition deserves to be accepted and the matter be remanded to the trial Court for fresh decision after providing an opportunity of hearing to the petitioners.;