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Judgment
B.D. Rathi, J.—Head on admission. Very short point is involved in this petition that whether the impugned order dated 13-06-2012 passed in Criminal Revision No. 149/11 by the Court of Second Additional Sessions Judge was passed in absence of petitioner because the original private complaint filed by respondent No. 1 against the present petitioner and respondents No. 2 to 5 was dismissed u/s 203 of Cr.P.C.
In the case of Manharibhai Muljibhai Kakadia and Another Vs. Shaileshbhai Mohanbhai Patel and Others, , the Apex Court has held that opportunity of hearing to the accused/suspect is necessary even the complaint was dismissed u/s 203 of Cr.P.C.
In view of the principles laid down by the Apex Court in the case cited above, this petition is disposed of with a direction that after providing opportunity of hearing to the petitioner, Criminal Revision No. 149/2011 be decided afresh. Accordingly, the order dated 13-06-2012 and also the order of taking cognizance dated 19-11-2012 are hereby set aside. Petitioner is directed to appear before the revisional Court on 20th January, 2014 and revisional Court is directed to issue notices and list the case in accordance with law afresh.
With the aforesaid directions, the petition stands disposed of. Copy of this order be sent to the trial Court for necessary information and compliance.