VINITA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) FOR the reasons stated in the application, counter affidavit, filed on behalf of legal heirs of respondent No. 2, is taken on record.

(2.) CRMA No. 568 of 2013 stands disposed of accordingly.

(3.) UNDISPUTEDLY , learned Sessions Judge, without hearing the accused, has allowed the revision filed by the complainant. It is now settled position of law that if learned Magistrate refuses to summon the accused on a private complaint, revision can be filed challenging the order of the Magistrate. However, learned, revisional court must hear the accused before setting aside the order of the Magistrate and remanding the matter to the learned Magistrate. [Manharibhai Muljibhai Kakadia and another vs. Shaileshbhai Mohanbhai Patel and others, reported in : (2012) 10 S.C.C. 517].