RAJESH DUBEY Vs. STATE

JUDGEMENT

(1.) WHETHER the learned Additional Session Judge, in exercise of his jurisdiction u/s 397 of the Code of Criminal Procedure (for short, the 'Court') can pass an order in the absence of accused in the facts and circumstances of the case is the question involved in this writ petition which arises out of an order dated 27.02.2012 passed by the learned Additional Session Judge in criminal revision No.26/2012.

(2.) BEFORE adverting to the said question, it will be relevant to note the admitted facts. Respondent no.1 is a company incorporated under the Companies Act, 1956. It filed a complaint in the Court of ACMM, Dwarka in respect of an offence reported to have been committed and punishable u/s 408/418/420/467/468/471 read with Section 120B/34 IPC accompanied by an application u/s 156(3) of the Code.

(3.) AGGRIEVED by the said order, respondent no.2 filed a revision petition before the learned Additional Session Judge impleading the State only as a party. The learned Additional Session Judge allowed the revision petition and set aside the impugned order by observing: