Court No. - 80
Case :- APPLICATION U/S 482 No. - 11630 of 2021 Applicant :- Sayeda And Others Opposite Party :- State of U.P. and Others Counsel for Applicant :- Jitendra Pal Singh Chauhan
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the impugned orders dated 04.01.2017 and 31.07.2018 as well as entire proceedings of Complaint Case No. 670 of 2015 (Old No. 470 of 2015) [Syed Babu Vs. Smt. Sayeda and others], under Sections 419, 420, 120-B IPC, Police Station Najibabad, District Bijnor, pending in the court of Judicial Magistrate, Najibabad, Bijnor.
Brief facts giving rise to this application under Section 482 CrPC is that the opposite party no.2 had filed an application dated 17.10.2015 under Section 156(3) CrPC seeking a direction from the court of Judicial Magistrate, Najibabad, Bijnor to register and investigate the FIR against the applicants in respect of the allegations made therein.
Learned Magistrate vide its order dated 07.11.2015 directed that the said application under Section 156(3) CrPC be registered as a complaint and directed the complainant and his witnesses to get them examined before the court.
Pursuant to the said order, learned Magistrate recorded the statements of witnesses under Sections 200 and 202 CrPC and summoned the applicants to face trial vide order dated 04.01.2017. Thereafter, the said complaint case was listed on 07.10.2017 for depositing the process fees but the same was not deposited, as such, complaint was dismissed by the Magistrate vide order dated 07.10.2017.
Being aggrieved and dissatisfied by the said order dated 07.10.2017, opposite party no.2 preferred a revision being Criminal Revision No. 317 of 2017. The said revision has been allowed by the Revisional Court vide its order dated 31.07.2018.
Learned counsel for the applicants has submitted that perusal of the impugned order dated 31.07.2018 shows that while passing the aforesaid order, Revisional Court has neither issued notices to the applicants nor has given them any opportunity of hearing and has finally decided the revision, which is bad in the eye of law and is liable to be set aside.
Learned counsel for the applicants has further submitted that provision of Section 401(2) CrPC clearly provides that no order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence, as such, impugned order dated 31.07.2018 is liable to be set aside.
Per contra, learned AGA has submitted that no fruitful purpose would be served in keeping the revision pending and the matter be decided finally.
Having considered the rival submissions of learned counsel for the parties and taking into consideration the fact that while passing the impugned order dated 31.07.2018, the applicants have not been heard and as such, impugned order dated 31.07.2018 is set aside with a direction to the Revisional Court to pass a fresh order after giving opportunity of hearing to the accused persons, preferably within a period of two months.
With the aforesaid direction, this application under Section 482 CrPC is finally disposed of.
Order Date :- 13.8.2021 Nadim Digitally signed by RAJIV GUPTA Date: 2021.08.16 09:48:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad