CHANDRASHEKHAR @ SHEKHU Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This revision petition has been filed against the order dated 15.22.011 passed by the learned Sessions Judge, Ajmer whereby revisional Court has ordered that the present petitioners should be called by the trial Court and fresh hearing regarding framing of charge should be made.

(2.) The contention of the present petitioner is that he has been discharged from the alleged offence by the trial Court vide order dated 17.1.2008. On revision, without affording opportunity of hearing to him, order has been passed and the matter has been remanded back to the trial Court for fresh hearing on the point of charge. Hence, this revision petition.

(3.) The only contention of the present petitioner is that looking to the provisions of Sec. 401, Criminal Procedure Code, when an order of discharge has been passed in his favour, the revisional Court should not pass an order against him without giving an opportunity of hearing.