BANARSI DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the order dated 20.11.2003 passed by the Additional Sessions Judge, Raisinghnagar, district Sri Ganganagar (for short, "the Revisional Court" hereinafter) in Criminal Revision No. 5/2002, whereby the revision petition filed by the non-petitioner No.2 was partly allowed and the order of the Additional Chief Judicial Magistrate, Raisinghnagar, district Sri Ganganagar (for short, "the trial Court" hereinafter) in private complaint No. 102/2001 (Narpat Singh Vs. Kamlesh Kumari & ors.) was set aside and the matter was remanded to the trial Court to decide the complaint in accordance with law.

(2.) I have heard learned counsel for the parties. Carefully gone through the orders passed by the trial Court as well as the Revisional Court.

(3.) It is contended by the learned counsel for the petitioners that in the revision petition, though petitioners No.1 to 3 were impleaded as a party non-petitioners, but without effecting the services of notice on them, the Revisional Court has decided the revision petition. He has invited my attention to the order sheet of the Revisional Court dated 29-6-2002, wherefrom it appears that the counsel appeared before the Revisional Court stated that he does not wish to summon the present petitioners No.1 to 3 and in absence of notice to them, the revision petition was decided.