AMINA BANU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under s. 482 Cr. P. C. is directed against the order of the learned Additional Sessions Judge No. 1, Jodhpur dated 12. 7. 1988 whereby the learned Judge while accepting the revision petition filed by non-petitioners No. 2 to 4. set aside the order of the learned Additional Chief Judicial Magistrate No. 3, Jodhpur and ordered that while considering the Final Report submitted by the Police for taking cognizance, the learned trial court should allow the accused to participate in the hearing. It is against this order that this petition has been filed.

(2.) MR. I. R. Choudhary, the learned counsel for the petitioner has submitted that this procedure is not provided by law as per a decision of this Court in Raghunath V. State of Rajasthan (1) wherein this Court considered the decision in Hardeosingh Sandhu V. State of Rajasthan (2) and held, Hardeo-singh Sandhu's case (supra) does not lay down the correct law. Hardeosingh's case (supra) was followed by this Court in Jagdish V. State (3), but as stated above, that view was overruled in Raghunath's case (supra ). The decision in Raghunath's case (supra) was followed by this Court in Tejumal V. State of Raj (4) wherein it has been held that the accused has no right to be heard when the F. R. is taken up for consideration.