VAISHALI SUDHAKAR BADHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Sirpurkar, learned Counsel for the petitioner, Shri Nayak, learned Additional Public Prosecutor for respondent No. 1 - State and Shri Deshpande, learned Counsel for respondent No. 2. Rule. By consent of the learned Counsel for the parties and the learned A.P.P., heard forthwith.

(2.) Briefly, the facts leading to filing of the petition are as under:

(3.) There is no serious dispute that the Judicial Magistrate, First Class Court No. 7, Akola has passed an order dated 04/5/2012 allowing 'C' summary without giving an opportunity of being heard to the petitioner, who was the original complainant. It is, now, well settled by catena of judgments that before granting any summary, the first informant/complainant is entitled to be heard. Moreover, 'C' summary was filed in J.M.F.C. Court No. 7 when the complaint was initially filed by the petitioner in J.M.F.C. Court No. 1, Akola. Hence, it was for J.M.F.C. Court No. 1 to pass an appropriate order on 'C' summary filed by respondent No. 1 after giving an opportunity of being heard to the petitioner/complainant. On this count only impugned order dated 04/5/2012 passed by the Judicial Magistrate, First Class, Court No. 7, Akola is liable to be quashed and set aside. In view of the above, order dated 04/5/2012 passed by the Judicial Magistrate, First Class, Court No. 7, Akola is quashed and set aside. The learned Magistrate is directed to pass a fresh order after giving an opportunity of being heard to the petitioner. The petitioner shall appear before the Judicial Magistrate, First Class, Court No. 7, Akola on 12/3/2013, on which date, according to Mr. Sirpurkar, learned Counsel for the petitioner, the matter is fixed.