RAJ KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) Heard Sri Vinod Kumar Singh, learned counsel for the petitioner and Sri Rajendra Kumar Dwivedi, learned A.G.A for the State as well as perused the documents available on record.

(2.) From a perusal of the record, it appears that the opposite party No. 2-Rajesh Tiwari filed a complaint against the accused before the learned Additional Chief Judicial Magistrate, IIIrd, Faizabad. The learned Additional Chief Judicial Magistrate recorded the statement of the complainant under Section 200 of the Code and the statement of witnesses under Section 202 of the Code. He on the basis of statements of the complainant and witnesses found that there was no sufficient ground to proceed against the accused consequently he vide order dated 08.4.2010 dismissed the complaint under Section 203 of the Code. The complainant being aggrieved by the impugned order passed by the learned Additional Chief Judicial Magistrate preferred criminal revision before the Sessions Judge, Faizabad which was transferred by the learned Sessions Judge to the learned Additional Sessions Judge, Court No. 9, Faizabad for disposal. The complainant did not implead the petitioner as a party in the revision. The learned Additional Sessions Judge after hearing learned counsel for the revisionist and learned A.P.O. found that the learned Additional Chief Judicial Magistrate, had not properly gone through the statements of complainant and witnesses recorded by him under Section 200 and202 of the Code consequently he Vide order dated 09.8.2010 allowed the revision and remanded back the matter to the court below for passing afresh order which has given rise to the present petition.

(3.) The petition is, therefore, allowed. The impugned order dated 09.8.2010 passed by the learned Additional Sessions Judge, Court No. 9, District Faizabad in Criminal Revision No. 69/10 (Rajesh Tiwari v. State of U.P.) and the impugned summoning order dated 21.8.2010 passed by the learned Additional Chief Judicial Magistrate,IV, Faizabad in Criminal Complaint Case No. 2810/09 (Rajesh Tripathi v. Mahraj Dutt and Others), under Sections 323/504/506 IPC, P.S.Raunahi, District Faizabad are hereby set aside. The matter is remanded back to the learned Additional Sessions Judge with a direction that he shall direct the revisionist to implead the petitioner as party in the revision filed by him then he will dispose of the revision after serving notice to the petitioner and affording him proper opportunity of hearing.