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2013 DIGILAW 2075 (RAJ)

Bhanwar v. State of Rajasthan

2013-11-23

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant misc. petition is directed against the order dated 24.8.2012 passed by the learned Addl. Sessions Judge No. 1, Bhilwara in revision whereby the Revision Court quashed the order dated 7.5.2012 passed by the learned Judicial Magistrate, First Class, Mandal. The learned Judicial Magistrate accepted the F.R. filed by the police after investigation of the F.I.R. No. 38/2012 of the P.S. Mandal and the Revisional Court reversed the order and remanded the matter back to the learned Judicial Magistrate for fresh consideration. Hence this, miscellaneous petition by the petitioners who were proposed accused in the case. 2. Having heard the learned Counsel for the petitioners and the learned Public Prosecutor and upon going through the order passed by the learned Revisional Court, it is evident that the order impugned is grossly illegal and amounts to an abuse of the process of the Court on two counts. Firstly, the learned Revisional Court has passed the order transgressing the scope of a revision as provided in Section 398 of the Cr.P.C. As per the said provision, the Revisonal Court can at best direct the Trial Court to make further enquiry in the matte. Secondly, the Revisional Court without issuing notice to the petitioners set aside the order passed by the learned Trial Court accepting the cancellation report and remanded the matter back to the Trial Court. The order impugned was passed adverse to the interest of the petitioner without providing him with an opportunity of being heard. Thus, as per the proviso to Section 398 read with Section 401(2) Cr.P.C. as well as in view of the ratio of the judgment delivered by the Hon'ble Supreme Court in the case of Manharibhai Muljibhai Kakadia & Anr. v. Shaileshbhai Mahanbhai Patel, reported in 2013(1) RLW SC 94 , the Revisional Court's order cannot stand to scrutiny. 3. Resultantly, the misc. petition succeeds. The order passed by the learned Addl. Sessions Judge No. 1, Bhilwara 24.8.2012 is quashed. The Revisional Court shall restore the revision to its original number. The petitioners and the complainant shall be provided an appropriate opportunity of hearing and thereafter the Revisional Court shall decide the revision afresh without being prejudiced by any of the observations made in the order dated 24.8.2012. The stay application also stands disposed of.Appeal partly allowed. *******