LAWS(RAJ)-2016-9-63

SANTOSH BANSAL W/O SH GANESH BANSAL Vs. STATE OF RAJASTHAN; HETRAM DHARNIA; GANESH BANSAL S/O SH RAM PRASAD BANSAL; BHANWARLAL SONI; MANJOOR ALI; GULAB BANSAL; MANOJ KUMAR S/O SH DEVRAJ; SAMPAT S/O SH MUKANDLAL; KADURAM S/O SH MANGURAM

Decided On September 02, 2016
Santosh Bansal W/O Sh Ganesh Bansal Appellant
V/S
State Of Rajasthan; Hetram Dharnia; Ganesh Bansal S/O Sh Ram Prasad Bansal; Bhanwarlal Soni; Manjoor Ali; Gulab Bansal; Manoj Kumar S/O Sh Devraj; Sampat S/O Sh Mukandlal; Kaduram S/O Sh Manguram Respondents

JUDGEMENT

(1.) These revision petitions have been filed against the order dated 17.03.2016, passed by the Additional Sessions Judge, Sangaria, District Hanumangarh (hereinafter "the revisional court) whereby he has set aside the order dated 05.02.2014 passed by the learned Additional Chief Judicial Magistrate, Sangaria, District Hanumangarh (hereinafter "the trial court") whereby the learned trial court accepted the final report (negative).

(2.) Counsel for the petitioner has argued that the revisional court has passed the impugned order without providing an opportunity of hearing to the petitioner which renders the impugned order illegal. The petitioner was required to be given an opportunity of hearing as it would have prejudicial effect on the interest of the petitioner. Counsel has relied upon the judgment of the Hon'ble Supreme Court in the case of Manharibhai muljibhai kakadia & Anr. Vs. Shaileshbhai Mohanbhai Patel & Ors, 2012 10 SCC 517.

(3.) Counsel for the complainant-respondent supports the order passed by the revisional court.