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Judgment
Heard Mr. Deepak Kumar, counsel appearing on behalf of the petitioners.
Heard Mr. Bharat Kumar, counsel appearing on behalf of Opposite Party No. 2.
Nobody appears on behalf of Respondent-State.
This petition has been filed for the following relief: -
"That the instant application has been made by the petitioners who are aggrieved by order dated 26.09.2015 passed in Criminal Revision No. 103/15 passed by the Learned Additional Sessions Judge-II, Bokaro whereby and whereunder order dated 08.04.15 passed by Sri Manish Ranjan, Judicial Magistrate, 1st Class, Bokaro in connection with the Bokaro Sector-IV P.S. Case No. 189/14 corresponding to G.R. No. 1495/14 the petitioners were discharged as accused persons from the case and the prosecution against them was dropped pursuant to submissions of final form in favor of the petitioner and cognizance on the basis of sole charge sheeted accused Dinesh Kumar were filed taken against co-accused."
Counsel for the petitioner submits that the matter may be disposed of on short point. He submits that the impugned judgment passed in Criminal Revision No. 103/15 was passed against the order dated 08.04.2015 passed by learned Judicial Magistrate, 1st Class, Bokaro in connection with the Bokaro Sector-IV P.S. Case No. 189 of 2014 corresponding to G.R. Case No. 1495 of 2014, whereby the final form was accepted with regard to some of the accused persons on account of lack of evidence. The informant had filed the Criminal Revision against order dated 08.04.2015 which was numbered as Criminal Revision No. 103/15, but the informant did not make any of the persons , who are the petitioners before this Court, in connection with whom final form was accepted, as party in the revision petition and the order dated 08.04.2015 has been set-aside. He further submits that in absence of the petitioners being party in Criminal Revision No. 103 of 2015, the impugned judgment passed by the learned Additional Sessions Judge-II, Bokaro in Criminal Revision No. 103 of 2015 dated 26.09.2015, is fit to be set-aside.
Counsel appearing on behalf of Opposite Party No. 2, on the other hand, submits that the order dated 08.04.2015 passed by the learned Judicial Magistrate, 1st Class, Bokaro was also passed without giving an opportunity to the informant, but he does not dispute the fact that the petitioners i.e. the persons against whom criminal proceedings, were initially dropped were not made party in revision petition.
After hearing the counsel for the parties and after considering the materials on record, this Court finds that there is no doubt that on 08.04.2015 the criminal proceedings against the present petitioners were dropped against which the informant filed criminal revision and in the revision these persons were not made party. However, the revisional court has set-aside the order dated 08.04.2015 which has caused serious prejudice to the petitioners as the petitioners were not party to the revision proceedings. This Court is of the considered view that the Opposite Party No. 2 (informant) ought to have made the petitioners a party to the criminal revision proceedings challenging the aforesaid order dated 08.04.2015, whereby the final form was accepted and the criminal proceedings against the petitioners was dropped. In such circumstances, the impugned order passed by the court of learned Additional Sessions Judge-II, Bokaro in Criminal Revision No. 103 of 2015 dated 26.09.2015 is hereby set-aside on the sole ground that the petitioners were not made party in the revision proceedings and the matter is remitted back to the learned revisional court for fresh consideration. The Opposite Party No.-2 (informant) is directed to make the petitioners party in Criminal Revision No. 103/15 before the learned Court of Revision i.e. Learned Additional Sessions Judge-II, Bokaro.
The Learned Additional Sessions Judge-II, Bokaro is directed to pass fresh order in accordance with law after giving an opportunity of hearing to all the parties preferably within a period of six months from the date of receipt of a copy of this order.
This petition is accordingly disposed of.