KISHAN Vs. STATE & ANR.

JUDGEMENT

(1.) This petition u/s. 397 r/w Sec. 401 Crimial P.C. has been filed on behalf of complainant-Sri Kishan against the order dated 6.11.1990 delivered in Criminal Revision No. 3/87 by Sessions Judge, Churu by which revision filed by Swadesh Kumar non-petitioner herein was accepted and order of cognizance dated 3.10.1986 issued by M.J.M., Ratangarh was set aside.

(2.) The submissions of the learned counsel are that before the Sessions Judge Churu in its Revision No. 3/87 complainant-Sri Kishan was not made party and, therefore, without giving opportunity of hearing order adverse to him was passed by the Court below causing miscarriage of justice. Learned counsel for the petitioner relied upon AIR 1967 SC 401.

(3.) Learned Public Prosecutor as well as learned counsel for the non-petitioner has supported the impugned order.