ABDUL AZIZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. Petition has been filed by the complainant petitioner challenging the order dated 30.11.2000 passed by the revisional Court whereby the order of cognizance passed against non-petitioner No. 2 has been quashed and set aside.

(2.) After filing of the challan for the offence under Sections 447 and 427 I.P.C., the learned Magistrate had taken cognizance vide his order dated 26.8.2000. The sole contention raised by the learned counsel for the complainant-petitioner is that it was necessary for the revisional Court to have afforded opportunity to the complaint before deciding the revision petition seeking to challenge the order of cognizance. In support of his submission, the learned counsel for the petitioner places reliance on the case of Bodu Ram v. State of Rajasthan and Ors., 2002(2) RCC 557.

(3.) The learned Public Prosecutor could not controvert the fact that the complainant petitioner was not heard by the revisional Court. As a matter of fact, he was even not made a party by the non-petitioner while filing the revision petition before the said Court. No one has appeared on behalf of non-petitioner No. 2, despite of service.