GAGAN RATHI Vs. RAMDAS AGRAWAL

JUDGEMENT

(1.) BY this criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 (in short 'the Code') applicant has challenged the legality and propriety of order dated 12/011 passed by Sessions Judge, Raigarh in criminal revision No. 198/10 reversing the order dated 24/9/10 passed by Chief Judicial Magistrate, Raigarh in unregistered complaint case whereby Chief Judicial Magistrate, Raigarh has dismissed the complaint under Section 203 of the Code but by reversing the order Sessions Judge, Raigarh has directed the Chief Judicial Magistrate, Raigarh to consider the material produced before it and passed the order afresh.

(2.) LEARNED counsel for the applicant submits that as per Proviso to Section 398 of the Code Court was under obligation to provide an opportunity of hearing to the opposite parity i.e. accused before passing such order.

(3.) SECTION 398 reads as follows:- 398. Power to order inquiry- On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub-section (4) of section 204 or into the case of any person accused of an offence who has been discharged. Provided that no court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.