SATBIR AND OTHERS Vs. MEHAR SINGH

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") seeking quashing of complaint No. RBT 97/9.10.2007/7.4.2010 under Sections 304-B, 34, 302 IPC (Annexure P-1) titled " Mehar Singh vs. Karan Singh and others" and order dated 16.4.2012 (Annexure P-4) passed by the Court of Additional Sessions Judge, Jhajjar whereby the petitioners have been ordered to be summoned for offence under Section 302 IPC read with Section 34 IPC.

(2.) Counsel for the petitioners contends that the criminal complaint filed by Mehar Singh for the aforementioned offence was dismissed by the Judicial Magistrate Ist Class, Jhajjar on 1.3.2011 vide order Annexure P-2.

(3.) Mehar Singh complainant filed a revision petition against order dated 1.3.2011 and the revisional Court allowed the petition, set aside order dated 1.3.2011 and passed an order summoning the petitioners for offence under Section 302/34 IPC in place of remitting the matter to the Judicial Magistrate for re-consideration. It is further submitted that no opportunity of hearing was provided to the petitioners before the order passed by the Judicial Magistrate was reversed in revision, therefore, the order passed by the revisional court cannot sustain. In support of his contention, he has placed reliance upon a latest judgment of Hon'ble the Supreme Court of India in Manharibhai Muljibhai Kakadia and another vs. Shaileshbhai Mohanbhai Patel and others, 2012 4 RCR(Cri) 689 Counsel for the respondent while refuting the contention of counsel for the petitioners would contend that the petitioners are not entitled to get an opportunity of being heard at pre-summoning stage, therefore, no fault can be found with the impugned order on the solitary ground that the petitioners are not given notice in the revision proceedings. I have heard counsel for the parties and perused the case file.