SHANTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant revision petition has been preferred by the petitioner complainant being aggrieved of the order dated 20.9.2011 passed by the learned Sessions Judge, Merta, in revision whereby the learned revisional Court whilst reversing the order dated 10.6.2011 passed by the ACJM, Merta, has directed the trial Court to reconsider the matter after providing an opportunity of hearing to the petitioner as well as the respondent - accused persons.

(2.) THE grievance of the learned counsel for the petitioner is that the learned Magistrate had taken cognizance against the respondents No.2 and 3. They challenged the order of the learned Magistrate by filing a revision and the revisional Court whilst setting aside the order passed by the learned Magistrate, has directed the learned Magistrate to reconsider the matter but at the same time has observed that the accused as well as complainant shall be entitled to be heard by the Magistrate. It is submitted by the learned counsel for the petitioner that at the stage when the Magistrate is to consider the case for the purpose of proceeding on a complaint, the accused persons have no right of hearing and it is only the complainant, who is entitled to be heard at that stage. He, therefore, submits that the order passed by the learned Sessions Judge, Merta, deserves to be modified and now a direction be issued that the learned Magistrate should pass an appropriate order after hearing the petitioner only in the matter.

(3.) THE Hon'ble Apex Court in the celebrated case of Bhagwant Singh vs. Commissioner of Police & Anr., reported in AIR 1985 SC 1285 considering aspect regarding he right available to the aggrieved person for being provided with an opportunity of being heard, when he decides that there is no ground to proceed upon a report forwarded to him u/S. 173(2)(ii) Cr.P.C. held as below: