ASIT GANGULI Vs. TAPAN MUKHERJEE

JUDGEMENT

(1.) Heard on I.A. No.2183/2018, an application under Section 5 of Limitation Act for condonation of delay of 31 days in preferring this revision. On due consideration of the reasons assigned in the application, I.A. No.2183/2018 is allowed and the delay of 31 days is hereby condoned.

(2.) The facts lying in narrow compass are that the respondent filed a private complaint against the applicants for commission of offence under Section 499 and 500 of IPC before the Judicial Magistrate First Class, Indore agitating that he is engineer by profession and running an industry, however, on 10/04/2017, the applicants passed a condemnation proposal against him due to which his reputation has suffered harm in Bengali community. Learned Magistrate, vide order dated 25/09/2017, dismissed the criminal complaint and declined to take cognizance, after recording the statement of complainant under Section 200 of 'the Code' and examination of witnesses under Section 202 of 'the Code'. Being aggrieved by the order passed by Judicial Magistrate First Class, the respondent preferred revision petition before the sessions Court, which was heard by learned 12th Additional Sessions Judge, Indore, after considering the facts and taking notes of the submissions of the revisionist, set aside the order dated 25/09/2017 and remanded the matter to the trial Court with directions to hear the complaint again and pass a cogent order according to law. The aforesaid order is the subject matter of challenge before this Court.

(3.) Learned counsel for the applicant submitted that learned Additional Sessions Judge heard the counsel for the respondent, but no notice was issued to the applicants/accused persons therein and passed an order against them, therefore, the order passed by Additional Sessions Judge is contrary to law and deserves to the set aside.