RAMESH CHAND AND ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) On the basis of a complaint, a case was registered against the petitioners at police station Bewar. After investigation, a final report was given by investigation, Officer and the same was submitted before the concerning Magistrate who accepted the same, but subsequently on the basis of statements recorded u/s 200 and 202 Crimial P.C. the learned Magistrate issued process against the accused petitioner holding that a prima facie case is made out against the petitioners It has been contended by the learned counsel that after accepting the final report the Magistrate has no jurisdiction either to entertain the complaint or to issue process against the petitioners. After recording the statements u/ss 200 and 202 Crimial P.C. a revision petition was filed against the order of issuing the process and the case is dismissed on the ground that before accepting the final report, the complainant was neither heard nor was given any notice for the same.

(3.) In this view of the matter, the learned revisional Court, therefore, observed that in the absence of notice to the complainant the issuance of process on the basis of additional evidence is not improper. In this Misc. petition the order of learned revisional Court has been challenged.