Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 3351 of 2018 Petitioner :- Shyam Narayan Verma Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rajiv Sharma Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr.Rajiv Sharma, learned counsel for the petitioner and the learned A.G.A. for the State.
This petition under Article 227 of the Constitution of India has been filed challenging the order dated 04.03.2018 passed by the revisional court, i.e., Session Judge, Jalaun at Orai in Criminal Revision No. 23 of 2018 as well as the entire proceedings of Complaint Case No. 3289 of 2017 (Abhimanyu Vs. Shyam Narayan Verma) under Sections 420, 467, I.P.C., Police Station- Dankaur, District-Jalaun at Orai.
From the record, the Court finds that the opposite party no.2 had filed Complaint Case No. 3289 of 2017 (Abhimanyu Vs. Shyam Narayan Verma) under Sections 420, 467, I.P.C., Police Station- Dankaur, District-Jalaun at Orai, which was rejected vide order dated 13.02.2018 passed by the C.J.M., Jalaun. Aggrieved by the order dated 13.02.2018, the opposite party no.2 filed Criminal Revision No. 23 of 2018 (Abhimanyu Vs. Shyam Narayan Verma) in which notices were issued to the present petitioner on 04.03.2018. The issuance of notice is perfectly just and legal as the revisional court cannot set aside the order passed in favour of any person without issuing notice to such person. Therefore, the challenge to the notice dated 04.03.2018 issued by the revisional court is wholly misconceived.
Apart from the above, it is now well settled that an accused has no right to be heard unless he had been summoned. On date there is no summoning order against the petitioner. Therefore, the present petition filed by the petitioner is not maintainable.
For all the reasons given above, the petition fails and is accordingly dismissed.
Order Date :- 29.5.2018 YK