PANKAJ KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) By this petition, under Section 482 Cr.P.C. the petitioner has challenged the Validity of order of learned Additional Sessions judge dated 22nd September, 2005 whereby the learned Additional Sessions Judge allowed the revision petition of respondent no.2 and reversed the order of Metropolitan Magistrate holding that prima facie no case under Section 500 read with Section 34 IPC was made out from the complaint. The learned Additional Sessions Judge observed that it was a fit case for summoning the accused. The Complaint of respondent no.2 was restored and directions were given to summon the accused under Sections 500/34 IPC.

(2.) The Contention of the petitioners is that the petitioners were not heard by the learned Additional Sessions Judge before passing the order. The revision was entertained without making petitioners as a party and without hearing them and an order adverse to the petitioners was passed by the Additional Sessions Judge, therefore was liable to be set aside. The counsel for petitioners relied upon proviso to Section 398 of Cr. P.C. and Section 401 (2) Cr. P.C.

(3.) Brief facts relevant for deciding this petition are that the respondent no.2 filed a complaint alleging commission of an offence under Section 500 read with Section 34 IPC against the petitioners. The learned Metropolitan Magistrate dismissed the complaint holding that prima facie no case was made out for summoning the accused and asking them to face the trial. Against this order of Metropolitan Magistrate respondent no. 2/complainant preferred a revision which was allowed by the Court of Additional Sessions Judge vide impugned order.