LAWS(P&H)-1997-4-147

RAJU Vs. MADAN SINGH ALIAS BEDAN SINGH

Decided On April 10, 1997
RAJU Appellant
V/S
Madan Singh Alias Bedan Singh Respondents

JUDGEMENT

(1.) THE short question that arises for consideration in the facts of the present case is as to whether the learned Additional Sessions Judge, Faridabad was justified in allowing the revision petition without issuing notice to the petitioner.

(2.) THE sum and substance of the facts would make the position clear. Respondent Madan Singh ha filed a complaint against petitioner Raju and others with respect to offences punishable under Sections 148/149/452/323/325/307/506 IPC. It had been contended that Babu Singh had filed a suit against the respondents and on 15.5.1995 at 8.00 P.M. Babu Singh along with others attacked with the lathis and bricks at the house of the respondent. The respondent-complainant along with his brothers and Satish were sitting in the house. Injuries were caused to them. Rs. 9400/- were snatched from the respondent by Net Ram.

(3.) AGGRIEVED by the same, a revision petition was filed by the respondent in the Court of Sessions at Faridabad. The learned Additional Sessions Judge allowed the revision petition and directed that the trial court will consider the matter afresh after giving opportunity of hearing to the respondent. In coming to this conclusion the learned Additional Sessions Judge referred to Section 210 of the Code of Criminal Procedure and recorded the following findings :-