HEMANT SINDHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been filed against the order dtd. 20/6/2017 passed by the learned Additional Sessions Judge, Raisinghnagar, District Sri Ganganagar whereby the learned revisional court while allowing the revision petition filed by the respondent No. 2-complainant set aside the order dtd. 26/8/2016 accepting negative final report submitted by the Police and remanded the matter back to the learned Judicial Magistrate with a direction to decide the case afresh after affording an opportunity of hearing to the respondent No. 2-complainant.

(2.) Counsel for the petitioner submits that the learned trial court after following due process of law issued notice to the respondent No. 2-Complainant but despite service the respondent No. 2 failed to appear before the trial court and in these circumstances, the learned trial court rightly passed by the order impugned of accepting the negative final report. But the learned revisional court without considering the aforesaid fact and without assigning any cogent reason, has erroneously remanded the matter back to the trial court for passing the order afresh. The order impugned is per-se illegal and therefore the same deserves to be set aside.

(3.) Counsel for the respondent No. 2-complainant has supported the order impugned of remand and submitted that the learned trial court without hearing the respondent No. 2-complainant has mechanically accepted the negative final report submitted by the Police. The learned revisional court has rightly remanded the matter back to the trial court for passing a fresh order after affording an opportunity of hearing to the respondent No2- complainant. Hence, no interference is called for in the impugned order.