O.P. DAWAR Vs. STATE & ANR.

JUDGEMENT

(1.) The petitioner has filed this criminal revision petition being aggrieved by the order dated 16.09.2009 passed by the learned Addl. Sessions Judge, New Delhi whereby the revision petition filed by the respondent No. 2 herein was allowed by the Court without issuing notice to the present petitioner. In brief the case of the petitioner is that a criminal complaint was filed by the respondent No. 2 against the petitioner and one Vijay Kapoor for committing the offences punishable under Sections 406 / 420/ 120B IPC for which a case FIR No. 803/1998 was registered at Police Station Malviya Nagar. After investigation, a closure report was submitted by the Investigating Agency in the said case which was accepted by the learned M.M. without giving notice to the complainant (R-2). The complainant impugned that order which was set aside by the learned ASJ vide order dated 26.02.2002 directing the learned M.M. to hear the complainant who filed the protest petition.

(2.) After recording the pre-summoning evidence, the complaint was again dismissed and the said dismissal order was again impugned by the complainant by filing a revision petition. The said revision petition filed by the complainant was allowed by the learned ASJ vide order dated 16.09.2009 without any notice to the petitioner which order has been impugned before this Court.

(3.) Notice of the petition was issued to the respondents who have entered appearance through their respective counsel.