AWADESH SINGH Vs. RAHUL GANDHI AND ORS.

JUDGEMENT

(1.) THIS petition filed under Section 482 Cr.P.C. assails the order dated 7.4.2015 whereby the Revisional court without summoning the non -applicants directed the petitioner to argue the matter.

(2.) SHRI Anil Mishra, learned counsel for the petitioner submits that the petitioner filed a complaint against the respondents. The said complaint was erroneously rejected by learned Judicial Magistrate 1st Class on 20.1.2015. Then, the petitioner filed a Criminal Revision which was registered as Cr.R. No. 66/15. The Revisional Court by order dated 18.2.2015 admitted the petition and directed the revisionist to pay P.F. The respondents before the Revisional Court were directed to be summoned. Thereafter, on 7.4.2015 the Revisional Court opined that although summons were directed to be issued to the other side on 18.2.2015 since the learned Magistrate has rejected the complaint without hearing the accused/non -revisionist, therefore, there is no need to serve the accused/non -revisionist.

(3.) PER contra, learned counsel for the respondents supported the order. They submit that there is no illegality in the order impugned. Hence, the powers under Section 482 Cr.P.C. are not required to be exercised. In support of their contention, learned counsel for the respondents relied on certain provisions of Cr.P.C.