- (1.) HEARD the parties.
(2.) IN this application the petitioner has challenged the order dated 23.1.2003, passed by the 12th Additional Sessions Judge, Dhanbad in Criminal Review No. 162 of 2002, whereby the learned Revisional Court has set aside the order dated 25.7.2002, passed by the Judicial Magistrate, First Class, Dhanbad, dismissing the complaint Under Section 203 of the Code of Criminal Procedure. The facts in short giving rise to this application are that a complaint was filed by the Opposite Party No. 2 as against the petitioner and one Md. Doud, Manager, Nirsa Vyapal Mandal Sahyog Samiti alleging, therein that on 11.12.1998, the Opposite Party No. 2 filed an application to the Chairman of the said Sahyog Samiti for allotment of a shop. It was further alleged that the power for allotment of such shop was with the Chairman and not with the Manager but the Manager wrongly allotted the shop in favour of the petitioner by misusing his official capacity.
(3.) THE complainant was examined on solemn affirmation and some witnesses were examined under Section 202, Cr PC. The learned Judicial Magistrate after perusing the materials on record came to the conclusion that the dispute was of civii nature and no criminal offence is made out. Accordingly, he by order dated 25.7.2002, dismissed the complaint petition. Against the said order of dismissal of complaint, the Opposite Party No. 2, preferred a Revision before the Sessions Judge, which was disposed of by order dated 23.1.2003, by the 12th Additional Sessions Judge, Dhanbad by allowing the Revision application and setting aside the order of the learned Magistrate, dismissing complaint and directing to restore the complaint petition to its original file and to summon the accused persons and to put them on trial. This order of the Additional Sessions Judge, passed in revision is under challenge, in this application.;