ISHARAR HUSSAIN KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and learned A.G.A. The present revision has been filed against the order of learned Sessions Judge, whereby directing for quashing the order of the learned Magistrate rejecting the application under Section 156 (3) Cr.P.C.

(2.) THE contention of the learned counsel for the revisionist is that in the revision against such a rejection, a hearing of the opposite party is a must. It has been consistently held by Hon'ble the Apex Court that unless and until, it is a conclusion arrived at that the accused responsible for an offence, no right to be heard in revision at the premature stage where an application under section 156(3) has been rejected. As such, the contention raised by the learned counsel for the revisionist does not seem to be sustainable.