BODU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. This revision petition is directed against the order dated 13-6-2001 passed by learned AddI. Sessions Judge, Neem-ka-Thana in Criminal Revision Petition No. 51/2000, whereby the order of taking cognizance dated 4-10-1999 of learned Judicial Magistrate, Srimadhopur in FIR No. 113/98 upon F.R. No. 37/98 for the offences under Sections 147, 447, 323/149, I.P.C. has beenT quashed.

(2.) It is a common ground of the parties that the complainant was neither impleaded as a party in the revision nor he was afforded an opportunity of being heard before deciding the aforesaid revision, whereas he was the person on whose first report the case was registered and after submission of F.R. in the case, cognizance was taken on his protest petition.

(3.) It has been held in case of Mohd. IqbaL v. State of Rajasthan and others, facts of which case are almost identical to the facts of present case, that where the Magistrate took cognizance on protest petition and on a revision order of cognizance was quashed without notice and affording opportunity of hearing to the complainant the order was found to be against the principles of natural justice, as the complainant was necessary party in such a case. Accordingly, the order quashing cognizance was set aside and the matter was remitted to the learned lower court directing it to pass fresh order after hearing the complainant.