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CHOUTH MAL AND ANR v BADRI NARAIN AND ORS - CRLR Case No. 385 of 2004  RD-RJ 181 (9 January 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
S.B. CRIMINAL REVISION PETITION NO. 385/2004
CHOUTH MAL & ANR. Vs. BADRI NARAIN & ORS.
HON'BLE MR. K.S. RATHORE, J.
Mr. Pankaj Gupta for the complainant-petitioners.
Mr. B.S. Chhaba, Public Prosecutor for the State.
Dr. Mahesh Sharma for the respondents.
The present criminal revision petition under
Section 397 r/w Section 401 Cr.P.C. is preferred by the complainant-petitioners against the order dated 05.03.2004 passed by the Additional Sessions Judge,
Dausa in Criminal Revision Petition Nos. 11/2004 and 20/2004, whereby the revision petitions filed by the respondents have been allowed and the cognizance order dated 22.10.2003 passed by the Judicial Magistrate,
Dausa in Criminal Misc. Case No. 942/2003 has been reversed and quashed and set-aside.
I have considered the rival submissions of the respective parties, carefully perused Section 401(2)
Cr.P.C. and have also gone through the judgment rendered by the Co-ordinate Bench of this Court in the case of Hazi Mohd. Shafi Vs. State of Rajasthan & Anr. reported in 2002(1) R.Cr.D. 172 (Raj.), wherein this
Court has held that without affording opportunity to the petitioner, complainant, if being heard, Court committed apparent error.
Here in the instant case, without imleading the complainant as party in the revision petition, the
Revisional Court without giving opportunity of being heard to the complainant, has passed the order impugned dated 05.03.2004 and thus, the Revisional Court has committed an error apparent on the face of the record.
Consequently, the order of the Revisional
Court i.e. Additional Sessions Judge, Dausa dated 05.03.2004 is herewith quashed and set-aside and the matter is remanded back to the Revisional Court for fresh adjudication as per the provisions of Section 401
(2) Cr.P.C. and the ratio decided by this Court in the aforementioned case and then pass fresh order.
The respondents may move application before the Revisional Court to convert the arrest warrants into bailable warrants.
With these observations, the revision petition stands disposed of.
Record be sent back forthwith.
(K.S. RATHORE),J. /KKC/
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