CHETAN Vs. AJIT

JUDGEMENT

(1.) This order shall dispose of the aforesaid two Misc. Criminal Cases one filed by the complainant being M.Cr.CNo. 275/2012 and the other filed by Chetan, one of the accused, who has been directed to be summoned by the Sessions Court being M.Cr.C.No. 6241/2011.

(2.) Briefly stating the facts of the case are that a complaint was filed by the complainant namely Shri Ajit against Chetan and others alleging that the accused persons had indulged in an act of kidnapping Ajit, the complainant.

(3.) It is submitted by the petitioner in M.Cr.C.No. 6241/2011 that such procedure adopted by the revisional Court is not sustainable in as much as the report of the investigating agency and the order of the Magistrate in dismissing the complaint filed by the complainant, the Court passed an order of acquittal in favour of the accused Chetan and thus if any order was to be passed against him he ought to have been granted an opportunity of hearing. Having not done so, the order of the revisional Court dated May, 10,2011 is not sustainable in law. IT is also submitted that the order was even otherwise not proper in as much as while dealing with a petition under section 397 CrPC, the Sessions Court ought to have directed holding of an enquiry under section 398 Cr.P.C., in a case where an order dismissing the complaint under section 200 Cr.P.C. was passed. The said section for the sake of reference is reproduced as under :-