KHUSHBU SHARMA Vs. SHIV RATAN SHARMA

JUDGEMENT

(1.) The present Revision Petition has been preferred against the order dtd. 14/3/2016 passed by the Second Additional Sessions Judge, Raigarh in Criminal Appeal No. 202000000932015.

(2.) The brief fact of the case is that the present Petitioner had preferred a complaint before the Court of the Chief Judicial Magistrate, Raigarh which was registered as the Miscellaneous Criminal Case No. 443/2015 wherein the Chief Judicial Magistrate vide its order dtd. 27/10/2015 directed for registering the complaint and ordered for issuance of summons to the Respondents in the said case. Against the said order the Respondents No. 1 and 2 is said to have preferred an appeal before the Court of the Second Additional Sessions Judge, Raigarh. Upon hearing the parties wherein the present Petitioner was also heard, the Court below vide the impugned order dtd. 14/3/2016 held that the registration of the complaint case against the Respondents No. 1 and 2 was totally bad in law and allowed the Appeal to the extent that the registration of complaint order against Respondents No.1 and 2 stands cancelled.

(3.) Learned Counsel for the Petitioner submits that the impugned order passed by the Second Additional Sessions Judge is bad in law to the extent that it was not the stage where the Appeal should have been entertained by the Court below and the Court below ought to have appreciated the fact that the parties to the dispute should have been granted time to lead evidence and on the basis of the evidence it should have been proved whether the allegation made against the Respondents No. 1 and 2 was proper or not.