BIRENDRA PANDIT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner, by means of these applications under section 482 of the Criminal Procedure Code of has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 26.08.2013, passed by Ad hoc Additional Sessions Judge 4th, Jamui in Criminal Revision No. 5 of 2012, whereby the order dated 16.09.2011 passed by Chief Judicial Magistrate, Jamui has been affirmed and to quash the order dated 16.09.2011 passed by Chief Judicial Magistrate, Jamui in Case No. 285C of 2011 whereby final form submitted against the petitioner (informant) has been accepted.

(3.) The contention of the learned counsel for the petitioner is that the order impugned has been passed without giving opportunity of hearing to the petitioner. The order has been passed in absence of the petitioner, which is illegal. As such, the order dated 14.09.2011 is fit to be quashed. Learned counsel in support of his submissions has relied upon the judgment of the Hon'ble Apex Court in the case of Bhagwant Singh v. Police Commissioner, reported in A.I.R 1985 S.C. 1285.