DOUJIRAM Vs. ANOD SINGH

JUDGEMENT

(1.) In this petition, under section 482 of the Cr.P.C., petitioner has assailed the order dated 23/11/16 passed in Cr.R No.259/2014 by I Additional Judge to the Court of I Additional Sessions Judge, Bhind, whereby the order dated 25/11/2014 passed in Criminal (Complaint) Case No.2023/14, so far as it relates to the petitioner, has been quashed and the matter has been remanded to the trial Court for additional enquiry with regard to the applicant either himself or through any other Magistrate after affording opportunity of hearing to the complainant and for passing an order afresh.

(2.) Brief facts leading to filing of this case are that a complaint was filed in respect of offences punishable under sections 420, 465, 476, 468, 471, 120B, 472 and 506B of the IPC against the petitioner and co-accused. The trial Court after examining the complaint took cognizance against the coaccused but dismissed the complaint so far as it related to the present petitioner. Aggrieved, the complainant preferred a revision which has been allowed by the order impugned.

(3.) Learned counsel for the petitioner submits that the revisional Court has quashed the order of learned trial Court without providing any opportunity of hearing to the petitioner, nor any notice was issued to him, which is evident from the order dated 26/10/2016 (Annexure P/4) wherein the revisional Court has observed that since the petitioner was not present before the trial Court, there was no need to issue any notice to him. As such, the order impugned has been passed ex parte which is in contravention to the dictum of the Apex Court in the case of Manharibhai Muljibhai Kakadia and another Vs. Shaileshbhai Mohanbhai Patel ((2012)10 SCC 517).