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2013 DIGILAW 458 (MP)

Seva Ram Sharma v. State of M. P.

2013-04-04

BRIJ KISHORE DUBE

body2013
JUDGMENT : Learned counsel for the petitioners submits that the default regarding the documents at page Nos.11 to 16 in this petition are not clear is not proper as the above documents are not relevant and, therefore, this petition may be heard by overruling the defect as pointed out by the office. 2. Considering the submission of the learned counsel for the petitioners that the documents from page Nos.11 to 16 are not relevant for the purpose of disposal of this petition, the objection as raised by the office regarding defect is overruled. 3. Heard on the question of admission. 4. This Criminal Revision under Sections 397 and 401 of Cr.P.C. is preferred by the petitioners herein/accused against the order dated 18.03.2013 passed by IV Additional Sessions Judge, Gwalior in Criminal Revision No.79/2013 reversed the order dated 12.02.2013 passed by J.M.F.C., Gwalior in Criminal Case No.15500/2009 whereby closed the rights of the respondents No.2 to 4 herein for recording their evidence and directed the Trial Court to record their evidence. 5. The limited prayer of the learned counsel for the petitioners is that the impugned order dated 18.03.013 passed by the Revisional Court without impleading or without giving any opportunity of hearing to the petitioners herein is in contravention of Section 401(2) of Cr.P.C., therefore, the impugned order may be set-aside and the Revisional Court may be directed to decide the revision after hearing both the parties i.e., petitioners herein as well as respondents No.2 to 4 herein. 6. The short facts of the case are that the petitioners herein/accused are facing trial for the offence punishable under Sections 498-A of IPC and 3/4 of Dowry Prohibition Act before J.M.F.C., Gwalior in Criminal Case No.15500/2009 in which the respondents No.2 to 4 are the prosecution witnesses and their evidence has to be recorded. 7. This Court vide order dated 14.12.2012 passed in M.Cr.C.No.9657/12 directed the Trial Court to conclude the trial within a period of four months. The Trial Court after considering the matter and non-appearance of witnesses, closed the right of examination of prosecution witnesses i.e., Smt. Meena Sharma, who is complainant, Smt. Vidya Devi and Dharmendra and listed the case for recording the evidence of remaining witnesses. 8. Being aggrieved thereof, the respondents No.2 to 4 herein preferred revision before the Revisional Court. The Trial Court after considering the matter and non-appearance of witnesses, closed the right of examination of prosecution witnesses i.e., Smt. Meena Sharma, who is complainant, Smt. Vidya Devi and Dharmendra and listed the case for recording the evidence of remaining witnesses. 8. Being aggrieved thereof, the respondents No.2 to 4 herein preferred revision before the Revisional Court. The Revisional Court reversed the order passed by the Trial Court and directed to record the evidence of the aforesaid prosecution witnesses. 9. Being aggrieved thereof, this Criminal Revision is preferred by the petitioners herein/accused. 10. Section 401 (2) of Cr.P.C. provides that no order under this Section shall be made to the prejudice of the accused or other person unless an opportunity of being heard either personally or by plead in his own defence is provided by the Court. 11. Considering the submissions of the learned counsel for the parties, facts of the case and provisions of Section 401 (2) of Cr.P.C., but without expressing any opinion on the merits of the case, this Criminal Revision is disposed of with following directions:- (i) The impugned order dated 18.03.2013 passed by the Revisional Court in Criminal Revision No.79/2013 is hereby set-aside, (ii) The matter is remanded back to the Revisional Court with a direction that after giving opportunity of hearing to the petitioners herein, and respondents No.2 to 4 herein pass appropriate orders in accordance with law. 12. With the aforesaid directions, the petition stands disposed of.