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2017 DIGILAW 1585 (RAJ)

Ajeet Singh Singhvi v. Dr. T. C. Sadasukhi

2017-07-17

SABINA

body2017
JUDGMENT ORDER Sabina, J. - Petitioner has filed this petition under section 482 Code of Criminal Procedure, 1973 challenging the orders dated 09.08.2005 and 31.01.2006. 2. Learned counsel for the petitioner has submitted that complaint was filed by the petitioner against the accused under Section 304 Indian Penal Code, 1860. Accused were summoned under Section 304-A Indian Penal Code, 1860 vide order dated 09.08.2005 (Annexure-2). Against the said order respondent No. 1 preferred a revision petition. The Court of revision allowed the revision petition filed by respondent No. 1 vide order dated 31.01.2006 (Annexure-3) without issuing any notice to the petitioner. It is a case of private complaint. The Court of revision could not have allowed the revision petition without hearing the petitioner-complainant. 3. Learned counsel for the respondent No. 1, on the other hand has opposed the petition. 4. In the present case, admittedly, revision petition filed by respondent No. 1 was allowed by the Court of revision and the order passed by the trial Court ordering summoning of respondent No. 1 was set aside without issuing notice to the petitioner. Summoning order was passed on a private complainant. Court of revision was required to issue notice to the complainant before upsetting the order passed by the trial Court. The fact that the order passed by the trial Court summoning the accused was setaside by the Court of revision without hearing the complainant has caused serious prejudice to the complainant as the complainant remained unheard before the Court of revision. In these circumstances, the impugned order dated 31.01.2006 is liable to be set aside. 5. Accordingly, this petition is allowed. Impugned order dated 31.01.2006 is set-aside. Court of revision is directed to pass a fresh order in accordance with law after affording an opportunity of hearing to the complainant. 6. Parties are directed to appear before the Court of revision on 31.07.2017.