LAWS(DLH)-2016-10-139

ABDUL RASHID @ PAPPU Vs. MOHD. RIZWAN

Decided On October 25, 2016
Abdul Rashid @ Pappu Appellant
V/S
Mohd. Rizwan Respondents

JUDGEMENT

(1.) The present revision petition is arising out of the order passed by learned Additional Sessions Judge dated 17.01.2015 qua against the present petitioner, i.e., Mr. Abdul Rashid, who prefers to challenge the same on the ground that the order so passed is an ex parte order and his opportunity of being heard has been taken away by the Court below.

(2.) The brief facts stated are that the respondent herein- Mr. Mohd. Rizwan, S/o Mr. Mohd. Suleman had filed a criminal complaint under Sec. 200 Crimial P.C. qua against the present petitioner- Mr. Abdul Rashid @ Pappu arraigned as accused no.5, Mr. Rahisuddin as accused no.1, Ms. Sugra as accused no.2, Mr. Imran as accused no.3, Ms. Sharifan as accused no.4. In support of his complaint under Sec. 200 Crimial P.C. dated 08.08.2002, the complainant/present respondent had examined himself as CW1 and Mr. Mohd. Israr as CW2. They gave contradictory statements qua against each other, losing the confidence of their statements and the said complaint went in dismissal on 01.09.2014.

(3.) Aggrieved from the said order, Mr. Mohd. Rizwan- i.e., the complainant/present respondent preferred review petition under Sections 397/399 of Crimial P.C. qua against Mr. Rahisuddin as respondent no.1, Ms. Sugra as respondent no. 2, Mr. Imran as respondent no. 3, Ms. Sharifan as respondent no. 4 and Mr. Abdul Rashid as respondent no. 5, i.e., the present petitioner as Criminal Revision No. 10/14 filed on 19.11.2014. The learned Additional Sessions Judge vide order dated 17.01.2015 allowed the revision petition without issuing Notice to the respondents in Criminal Revision No. 10/14.