Mohan vs Vimal

A.M. Thipsay, J.—Rule. By consent, Rule is made returnable forthwith. By consent, heard finally. The only prayer before this Court is that, the order dated 4-10-2012, passed by the Additional Sessions Judge, Aurangabad, in Criminal Revision Application No. 16/2012, being an order passed without hearing the petitioner, be set aside, and the petitioner be granted one more opportunity to prosecute the said revision application preferred by him, and the same be decided on merits.

On the concession made by the learned Counsel for the respondent, and even otherwise, since it appears that the petitioner deserves to be given one more opportunity to remain present before the Additional Sessions Judge, and get the matter decided on merits, I am inclined to allow the petition. Appropriate costs, however, should be paid by the petitioner to the respondent.

The petition is allowed.

The impugned order is set aside. The matter is remanded back to the learned Additional Sessions Judge, Aurangabad, who shall decide the same afresh, after giving to the petitioner and the respondent, an opportunity of being heard in the matter.

The petitioner shall, however, pay costs of Rs. 1,000/- [Rupees one thousand] to the respondent, before he is heard by the Revisional Court.

The learned Additional Sessions Judge shall decide the matter within a period of two months from 9th December 2013.

Parties to appear before the learned Additional Sessions Judge on 9th December 2013.

Rule is made absolute in the aforesaid terms.