Court No. - 18 Case :- U/S 482/378/407 No. - 3167 of 2010 Petitioner :- Ravindra Singh Jauhar & Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Amarjeet Singh Rakhra Respondent Counsel :- Govt. Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the petitioners, learned A.G.A. for opposite party
no.1and perused the material on record.
By means of this petition filed under section 482 Cr.P.C. the petitioners have
challenged the order dated 23.07.2010 passed by the Additional Sessions
Judge, Court No.3, Unnao in Criminal Revision No.59 of 2009, setting aside
the impugned order dated 20.04.2009 of the Magistrate and directing him to
pass fresh orders on the application moved by opposite party no.2 under
section 156(3) Cr.P.C.
The only submission made by the learned counsel for the petitioners is that
the impugned order, which is prejudicial to the petitioners has been passed
without giving them any opportunity of hearing as is required under section
401 (2) Cr.P.C. In support of his contention, learned counsel has relied upon
the observation of the Hon’ble Supreme Court made in the case of Raghu
Raj Singh Rousha vs. Shivam Sundaram Promoters Private Limited and
another (2009) 2 SCC 363, wherein the Apex Court has observed in para-14
as under:-
” 14. Submission of Mr. Jaspal Singh that by reason of the impugned order
the appellant was not prejudiced and in any event at the pre-summoning
stage, he was not an accused, cannot be accepted. Sub-section (2) of Section
401 of the Code refers not only to any accused but also to any person and if
he is prejudiced, he is required to be heard. An order was passed partially in
his favour. The learned Metropolitan Magistrate has refused to exercise its
jurisdiction under section 156(3) of the Code. Had an opportunity of hearing
been given to the appellant, he could have shown that no revision application
was maintainable and/or even otherwise, no case has been made out for
interference with the impugned judgment”.
Issue notice to opposite party no.2 returnable at an early date.
Counter-affidavit may be filed within a period of four weeks. Rejoinder-
affidavit, if any, may be field within two weeks thereafter.
List after expiry of the a aforesaid period.
Till the next date of listing the operation of the lower Revisional Court’s order
dated 23.07.2010 shall remain stayed.
Order Date :- 11.8.2010
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