KRISHNA KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) (CAV) - This application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the order dated 31.08.2012 passed by the Sessions Judge, Saran at Chapra, in Cr. Revision No. 196 of 2012, by which the order dated 05.06.2012 passed by the Judicial Magistrate, 1st class, Chapra, in Complaint Case No. 1908 of 2011 (Enquiry No. 378 of 2012) dismissing the Complaint under Sec. 203 Crimial P.C., was set aside.

(2.) Heard learned counsel for the petitioners and the learned APP for the State as well as learned counsel for the Opposite Party No. 2.

(3.) Counsel for the petitioners has submitted that he is challenging the impugned order purely on the question of law that the learned Sessions Judge has passed the impugned order in the Cr. Revision without hearing the petitioners which is in violation of Sec. 401 Crimial P.C. and is also against the principle of natural justice. That being the position, subsequent order dated 06.12.2012 passed by the learned Magistrate summoning the petitioners to face trial is also bad in law.