Smt. Prem Sharma vs State of Rajasthan and Another

V.S. Dave, J.—This is a petition u/s 482, Cr.P.C. against order of the Addl. Sessions Judge No. 7, Jaipur City, Jaipur allowing the revision No. 8/88 where by be has reversed the order passed by learned Addl. Chief Judicial Magistrate No. 1, Jaipur City, Jaipur who had refused to take cognizance against the accused petitioners. The grievance of the petitioners is that they have not been heard by the revisional Court and the order has been passed to their prejudice in violation of the principles of natural justice. This principle of natural justice has also been incorporated in Sub-section (2) of Section 401, Cr.P.C.. The petitioner submits that bad an opportunity been given to them on merits, they would have placed their case before the learned Additional Sessions Judge. The petitioner offer to challenge the order on merits before this Court.

Learned counsel for the complainant submits that he has no objection in case the petition is allowed and the revisional Court is directed to take the revision petition on number and decide it on merits after bearing the accused petitioners.

This_petition is therefore, allowed the order of the learned Addl. Sessions Judge No. 7 dated 12-1-89 is set aside and he is directed to hear the revision petition afresh. Parties are directed to appear before the learned Addl. Sessions Judge No. 7 on 24-4-89. No notice is required to be issued to petitioners as they have been directed to appear. If they fail to appear, the learned Addl. Sessions Judge shall proceed to decide the case in accordance with law.