SUSHIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the order dated 28.2.2014, passed by the learned Additional Sessions Judge -I, Deoghar in Criminal Revision No.66 of 2011, whereby and whereunder he set aside the order dated 03.05.2011 and remanded the case in the file of the learned Judicial Magistrate, Deoghar for passing fresh order as per the evidence available on the record. Petitioner further prays for quashing the order dated 16.4.2014, passed by the learned Judicial Magistrate, Deoghar in P.C.R. No.863 of 2008, corresponding to T.R. No.946 of 2014, whereby he took cognizance against the petitioner under Section 406 of the I.P.C. after the remand of the case.

(2.) It is submitted by the learned counsel for the petitioner that the learned revisional court passed the order without hearing the petitioner, which is violative of Section 401(2) read with Section 399 of the Cr. P.C. Therefore, the learned revisional order as well as the fresh order of cognizance after remand cannot be sustained.

(3.) Learned counsel appearing for the respondents opposed the aforesaid submission.