ASHWANI KALA Vs. LALIT MOHAN

JUDGEMENT

(1.) Undisputedly, learned Special Judicial Magistrate I, Dehradun vide order dated 06.11.2008 declined to issue summon to the present applicant on the private complaint and dismissed the complaint under Sec. 203 Crimial P.C. Feeling aggrieved respondent filed a criminal revision No. 163 of 2008 before the Sessions Judge, Dehradun. Revision, so filed by the respondent, was allowed by the Sessions Judge, Dehradun vide order dated 22.04.2009. Learned Revisional Court not only set aside the dismissal order dated 06.11.2008 but also issued direction to the Magistrate to pass fresh order, after perusing the entire record.

(2.) Sec. 398 of Crimial P.C. reads as under:

(3.) If revision is preferred under Sec. 397 Crimial P.C. against the dismissal of complaint under Sec. 203 Crimial P.C. learned Revisional Court after hearing the accused can remand the matter to the Magistrate to hold further inquiry and thereafter, to pass appropriate order. In the present case, no order, as required under Sec. 398 Crimial P.C., was passed by the learned Revisional Court, the Revisional Court having opined that prima facie case is made out, remanded the matter to Magistrate to pass fresh order. Present petitioner/accused was not heard by the Revisional Court.