FATEH LAL Vs. TULSI BAI

JUDGEMENT

(1.) THIS criminal revision petition under Sections 397/401 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the order dated 30. 6. 2001 passed by the Additional Sessions Judge No. 2, Udaipur (for short "the Revisional Court" hereinafter) in Criminal Revision Petition No. 19/2001, whereby the revision petition filed by non-petitioners No. 1 to 3 against the order dated 23. 3. 2001 passed by the Additional Chief Judicial Magistrate, Mawli (for short, "the Trial Court" hereinafter) in Criminal Case No. 378/1999 was allowed and the order of the Trial Court taking cognizance for the offences under Sections 420, 120- B, IPC was set aside and the non-petitioners were discharged of these offences. Aggrieved by the order impugned, the petitioner- complainant has filed the instant revision petition.

(2.) I have heard learned Counsel for the parties. Perused the orders of the Trial Court as well as of the revisional Court.

(3.) CONSEQUENTLY, the revision petition is allowed. The order impugned dated 30. 6. 2001 passed by Additional Sessions Judge No. 2 Udaipur in Criminal revision Petition No. 19/2001 is hereby set aside and the matter is remanded to the revisional Court to pass a fresh order after affording an opportunity of hearing to both the parties. Learned Counsel for the parties agree that the parties shall appear before the Revisional Court on 6. 3. 2006 without any further notice. Let the parties, including the petitioner, appear before the revisional Court on 6. 3. 2006. .