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Judgment
Gautam Kumar Choudhary, J
Instant petition has been filed against the order dated 09.09.2022 passed in Cr. Revision No.90 of 2022 arising out of C.P. Case No.1144 of 2021 which was preferred by the complainant against the order taking cognizance under Section 417 of the Indian Penal Code pending in the Court of learned Additional Sessions Judge-I, Bokaro. The learned Revisional Court after hearing the complainant passed the impugned order recording a finding that offence under Sections 420, 406 and 120B of the Indian Penal Code was made out.
The sole ground of challenge is that the impugned order has been passed without hearing the petitioners which is in violation to the mandate of law under Section 401(2) of the Cr.P.C.
Learned counsel on behalf of State assisted by learned counsel on behalf of complainant have defended the impugned order however, have not disputed the legal proposition.
Considering the submissions advanced on behalf of both sides, the impugned order is set aside. The matter is remitted back to the learned Court below for passing order afresh after hearing the parties. The petitioners are directed to appear before the learned Court below on 22.11.2023.
Criminal Miscellaneous Petition is disposed of.