Bhawani Shankar Sharma v. Chief Judicial Magistrate
2013-11-09
PRASHANT KUMAR AGARWAL
body2013
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the parties. 2. The accused-petitioner has filed this criminal revision petition under Section 397 read-with Section 401 Cr.P.C. against the order dated 11.10.2013 passed by Chief Judicial Magistrate, Sawai Madhopur in Criminal Case No. 648/2013 whereby the learned trial Court took cognisance against the petitioner for the offence under Section 66 (c) of Information & Technology Act, 2000. 3. It appears that after investigation charge-sheet was filed before the trial Court on 27.8.2008, but copy of the charge-sheet was not provided to the petitioner as he was not present before the Court on that day and copy of the charge-sheet was obtained by him by applying to the trial Court. It also appears that an application under Section 207 Cr.P.C. was moved by the petitioner before the trial Court on 11.10.2013 praying therein that copy of complete charge-sheet may be provided to him. The learned trial Court put the case for arguments on the application filed by the petitioner and the date was fixed as 5.12.2013. 4. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal, I am of the view that cognisance could not have been taken by the trial Court without deciding the application filed by the petitioner under Section 207 Cr.P.C. as if after hearing the parties it is found by the trial Court that copy of the complete charge-sheet has not been provided to the petitioner, the order of cognisance already passed would stand liable to be set aside as the petitioner was not in a position to properly oppose the taking of cognisance without the complete charge-sheet being made available to him. It is also not clear from the order whether opportunity of hearing was given to the petitioner before passing the order. In these circumstances, the impugned order dated 11.10.2013 is liable to be set aside and an appropriate direction is required to be passed. 5. Consequently, the revision petition is partly allowed and the order of cognisance dated 11.10.2013 is set aside and it is directed to the trial Court to pass fresh order of cognisance after deciding the application filed by the petitioner under Section 207 Cr.P.C. and that too after granting proper opportunity of hearing to the petitioner.Petition partly allowed. *******