GURDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482, Cr.P.C. filed by the accused petitioner, seeking quashment of the order dated 6-9-1999 passed by the Sessions Judge, Sirsa setting aside the order dated 14-10-1998 passed by the Chief Judicial Magistrate, Sirsa vide which the Criminal complaint was dismissed for want of prosecution.

(2.) The facts which are necessary for the decision of the present petition are that State of Haryana through Drugs Inspector, Sirsa had filed a criminal complaint dated 7-9-1988 under the provisions of Drugs and Cosmetics Act, 1940 and Rules of 1945 framed under the aforesaid Act against the accused petitioner Gurdeep Singh, copy Annexure P-5. The case was still at the initial stage when the said criminal complaint was dismissed for want of prosecution by the learned Chief Judicial Magistrate, Sirsa, vide order dated 14-10-1998, as no one was present on behalf of the complainant-State of Haryana, when the case was called for hearing. Aggrieved against the said order dated 14-10-1998 passed by the Chief Judicial Magistrate, Sirsa, State of Haryana through Drugs Inspector filed revision petition against the said order before the Sessions Court. The learned Sessions Judge. Sirsa, vide order dated 6-9-1999, after hearing the complainant-petitioner (before the Sessions Judge) i.e. State of Haryana, accepted the said revision petition, set aside the order dated 14-10-1998 passed by the Chief Judicial Magistrate and the criminal complaint was ordered to be restored to its original number and the complainant-State of Haryana was directed to appear before the Chief Judicial Magistrate for further proceedings. This order dated 6-9-1999 was passed by the learned Sessions Judge without hearing the accused namely Gurdeep Singh. Aggrieved against this order dated 6-9-1999 passed by the Sessions Judge, Sirsa, Gurdeep Singh accused has now filed the present petition under Section 482, Cr.P.C. in this Court, seeking the quashment of the said order dated 6-9-1999 passed by the Sessions Judge, on the ground that the Sessions Judge had set aside the order dated 14-10-1998 passed by the Chief Judicial Magistrate and had accepted the revision petition vide order dated 6-9-1999 without issuing notice to accused Gurdeep Singh (present petitioner) and without hearing him.

(3.) I have heard the learned counsel for the accused petitioner and have gone through the record carefully.