BABLU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Complaint Case No. 1022 of 2012, Subhash Singh Patel Vs. Bablu Singh and others under Sections 452, 323, 325, 506, 395, 397 I.P.C., pending before Judicial Magistrate, Court No. 1, Varanasi including impugned order dated 14.8.2012 (Annexure No. 1) passed by Sessions Judge, Varanasi, respondent no.2, order dated 27.7.2012 (Annexure No. 2) as well as order dated 12.9.2012 (Annexure No. 3) passed by the Judicial Magistrate, Court No. 1, Varanasi.

(2.) Perusal of the record shows that on 25.2.2012 and application was moved by the opposite party no. 2 under Section 156 (3) Cr.P.C. This application was treated as a complaint by the trial court, vide order dated 12.3.2012. After following the procedure as prescribed under the Code of Criminal Procedure, the accused were summoned under Sections? 323, 325, 379, 452, 506 I.P.C. on 27.7.2012. Feeling aggrieved by this order, the complainant himself preferred criminal revision (bearing no. 296 of 2012, which was decided on 14.8.2012.

(3.) Learned counsel for the applicants has submitted that the provisions of 401 Cr.P.C. have not been complied with and since he was prejudiced, he ought to have been heard before the revision was being decided.