JAGDISH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - The Instant miscellaneous petition has been preferred by the petitioner challenging the order dated 19.1.2011 passed by the learned Addl. Chief Judicial Magistrate No. 2, Chittorgarh whereby cognizance has been taken against the petitioner for the offences under Sections 493 and 494 I.P.C.

(2.) Learned counsel for the petitioner submits that in this case the complainant respondent No. 2 filed a complaint against the petitioner for the offences under Sections 420 and 376 I.P.C. The complaint was sent to the police for investigation under Sec. 156(3) Crimial P.C. The police after investigation filed a negative final report which was accepted by the trial Court by its order dated 12.7.2007. The complainant preferred a revision against the said order and in the Revisional Court the petitioner was not impleaded as party and without providing any opportunity of hearing to the petitioner, the matter was remanded back to the trial Court for passing a fresh order on the final report. Learned counsel submits that in pursuance of the remand order, the learned Magistrate has taken cognizance and summoned the petitioner to face trial for the offences under Sections 493 and 494 I.P.C. without recording any evidence despite the fact that both the offences are non-cognizable. Learned counsel, therefore, prays that the matter be remanded back to the Revisional Court because petitioner was not provided an opportunity of hearing in revision and the remand order which was passed behind the back of the petitioner is absolutely illegal.

(3.) Learned counsel for the respondent No. 2 has opposed the submissions advanced by the learned counsel for the petitioner.