CHIMAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated November 15, 1989, passed by the Sessions Judge, Pali, by which the learned Sessions Judge rejected the revision petition filed by the petitioner.

(2.) CHIMAN Lal, on April 10, 1989, lodged a First Information Report at Police Station, Pali, against the accused Virendra Singh and Surga Lal. The police, after necessary investigation, presented the Final Report in the matter. The complainant CHIMAN Lal filed a protest petition. The learned Chief Judicial Magistrate, Pali, after submission of the protest petition, gave notice to the accused. A preliminary objection was taken by the complainant that before taking the cognizance, the accused have no right of hearing. The learned Chief Judicial Magistrate, Pali, by his order dated April 10, 1989, did not agree with the contention raised by the complainant petitioner and held that as the accused are participating in the proceedings since August 25, 1988, and, therefore, no prejudice will be caused to the complainant and if the accused are given an opportunity of hearing. then it will not be contrary to the law. He, therefore, allowed the accused to-be heard before the question of taking the cognizance is decided. Dissatisfied with the order dated April 10, 1989, passed by the learned Chief Judicial Magistrate, Pali, rejecting the objection of the complainant, the petitioner preferred a revision petition before the learned Sessions Judge, Pali, who, by his order dated November 15, 1989, dismissed the revision petition filed by the complainant - petitioner and up-held the order of the learned Chief Judicial Magistrate dated April 10, 1989. It is against this order dated November 15, 1989. passed by the learned Sessions Judge, Pali, that the complainant has filed this miscellaneous petition under Section 482 Cr. P. C