Sant Singh and anr. vs Gurmel Singh

S.S. Dewan, J.

Gurmel Singh respondent filed a complaint under Ss. 326/324/323/34, Indian Penal Code against the petitioners and the said complaint after consideration was dismissed by the Judicial Magistrate Ist. Class, Jagraon on July 4, 1984, holding that the complaint was filed by the complainant to harass the accusedpetitioners with ulterior motive. The respondent then filed a revision which was accepted by the Additional Sessions Judge, Ludhiana, who set aside the order passed by the trial Court while holding that a prima facie case was made out against the petitioners under the said offences and directed the trial Magistrate to proceed with the case in accordance with law. It is against this order of the Additional Sessions Judge that the present revision petition has been filed by the petitioners. At the time of preliminary hearing notice of motion was issued to the respondent but despite service he has not put in appearance in the Court.

After hearing the learned counsel for the petitioners, I find that the learned Additional Sessions Judge without summoning the petitioners passed the impugned order which adversely affected their interests. The result is that the exparte order passed by the Additional Sessions Judge dated September 27, 1985, which is adverse to the interests of the petitioners cannot be sustained. The revision petition is consequently allowed and the impugned order dated September 27, 1985 is set aside. It is directed that the case shall go back to the learned Additional Sessions Judge, Ludhiana, who shall dispose of the revision petition filed by the respondent afresh in accordance with law. The petitioners through their counsel have been directed to appear before the Additional Sessions Judge, Ludhiana, on May 2, 1986.