ANURADHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 30.1.2004 passed by the 1st Additional Sessions Judge, Patna in Criminal Revision No. 824 of 2003 whereby he has set aside the order dated 27.9.2003 passed by the learned Sub -Divisional Magistrate, Masaurhi in Case No. 245 of 2003 by which he had initiated a proceeding under Section 145 of the Code against Arbind Kumar Singh, opposite party No. 2 of this application.

(2.) HEARD .

(3.) AS provided under Section 399(2) read with Section 401 (2) of the Code no order in revision shall be made to the prejudice of any accused or other person unless he had an opportunity of being heard either personally or through the Pleader of his own choice. The words "or other person" covers parties in a proceeding under Section 145 of the Code. Therefore, when the impugned order was passed to the prejudice of the petitioner, (the proceeding being initiated on the petition of the petitioner) without giving her an opportunity of being heard, it is evident that the order is liable to be set -aside.