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2014 DIGILAW 966 (RAJ)

Mahesh Kanoongo v. State

2014-04-18

KANWALJIT SINGH AHLUWALIA

body2014
JUDGMENT 1. - Heard. 2. Instant petition under Section 482 Cr.P.C. has been filed by the petitioners to assail the order dated 16.11.2012 passed by the Additional District & Sessions Judge, No.11, Jaipur Metropolitan, Jaipur, whereby the Criminal Revision Petition No.11/2012 preferred by the complainant was accepted without affording any opportunity of hearing to the accused-petitioners. 3. The learned counsel appearing for the petitioners submitted that the complainant has lodged First Information Report in which after investigation, Final Report in negative form absolving the accused-petitioners was submitted. 4. Aggrieved against the same, complainant had filed a protest petition, which was rejected by the trial Court. 5. Complainant had assailed the order, whereby protest petition was rejected by filing a Criminal Revision Petition bearing No.11/2012. 6. Counsel appearing for the petitioners contended that the revisional Court below without issuing any notice to the accused-petitioners have passed the order adverse to their interest and, thus, principles of natural justice have been violated. 7. Counsel appearing for the petitioners has relied upon Sub-section (2) of Section 401 Cr.P.C., which reads as under:- "(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence." 8. Counsel appearing for the petitioners contended that since no opportunity of hearing has been afforded to accused-petitioners, thus, the order adverse to their interest could not be passed by the revisional Court below. 9. Admittedly, the complainant had not impleaded the accused-petitioners as party to the revision petition. 10. After hearing the learned counsel for the parties and taking into consideration sub-section 2 of Section 401 of Cr.P.C. the present petition is accepted and the order dated 16.11.2012 passed by the Additional District & Sessions Judge, No.11, Jaipur Metropolitan, Jaipur in Criminal Revision Petition No.11/2012 is set aside. 11. On the oral prayer made by Mr. S.R. Surana, the learned senior counsel appearing for the respondent, the petitioners are impleaded as respondents to Criminal Revision Petition No.11/2012 preferred before the Court below. 12. The petitioners shall appear before the Revisional Court below on 12.05.2014. The Revisional Court below is directed to decide the revision petition within a period of one month from the date of appearance of the accused-petitioners. 13. 12. The petitioners shall appear before the Revisional Court below on 12.05.2014. The Revisional Court below is directed to decide the revision petition within a period of one month from the date of appearance of the accused-petitioners. 13. Counsel appearing on behalf of the complainant is also granted liberty to urge before the Revisional Court below that the accused-petitioners be directed to return the passport of the complainant.Stay application also stands disposed of.Petition Allowed. *******