SMT. SANTOSH Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material available on record.

(2.) By way of the instant revision petition, the accused petitioner has approached this Court being aggrieved of the order dated 6.9.2013 passed by learned Sessions Judge, Pali in Criminal Revision No.106/2011 whereby, the learned revisional Court accepted the revision filed by the respondent no.2/accused and quashed and set aside the order dated 16.6.2011 passed by learned Judicial Magistrate, Pali in Criminal Case No.251/2010 directing framing of charge against the accused respondent no.2 for the offence under Section 498A IPC.

(3.) Mr.M.K. Garg, learned counsel appearing for the petitioner contends that the criminal proceedings were initiated on the basis of a private complaint filed by the petitioner in the concerned Court which was forwarded to the police under Section 156(3) Cr.P.C. Thus, the petitioner being the victim was entitled to be heard by the revisional Court while entertaining a revision filed by the accused against the order framing charge. The respondent no.2 while filing the revision did not implead the petitioner as party respondent and thus, the revisional Court went on to hear and accept the revision filed by the respondent no.2 without providing an opportunity of hearing to the complainant petitioner. He thus submits that the order passed by the revisional Court deserves to be set aside and the matter deserves to be remanded to the revisional Court for fresh consideration of the revision filed by the respondent no.2.