HAZI MOHD. SHAFI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 9.6.2000 passed by learned Additional Sessions Judge, Churu whereby the order passed by the Chief Judicial Magistrate, Churu in Criminal Case No. 186/1999 dated 18.3.2000 framing charge against the non-petitioner No. 2 under Section 406 I.P.C. was set aside and quashed.

(2.) Briefly stated facts which are necessary for decision of this revision petition are that a complaint was filed by the petitioner-Hazi Mohd. Safi on 15.9.1998 before the learned CJM Churu. The learned trial Court vide order dated 18.3.2000 discharged the non-petitioner No. 2 for the offence under Section 420 I.P.C. but framed the charge for the offence under Section 406 I.P.C.

(3.) Order framing charge under Section 406 I.P.C. 18.3.2000 was challenged by the non-petitioner No. 2 before the learned Additional Sessions Judge, Churu without impleading the petitioner-complainant as party. Indisputably, it is the complaint case and the proceedings have been initiated on the complaint filed by the petitioner and the order passed by the learned CJM, Churu on 18.3.2000 was in favour of the petitioner and same was challenged without impleading the petitioner in Revision. Thus, the order passed by the revisional Court at the back of the petitioner is not sustainable and on this ground alone liable to be set aside. Section 401(2) of the Code of Criminal Procedure provides "no order under this section shall be made to prejudice the accused or other person unless he has had an opportunity of being heard either personally or through counsel in his own defence. The word "any other person" includes the complainant. Thus,without affording an opportunity of hearing to the complainant the revisional Court committed apparent error in setting aside the order passed by learned trial Court.