Chattisgarh High Court
Hemlal Banjara vs State Of Chhattisgarh on 16 June, 2021
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 964 of 2020
Hemlal Banjara S/o Shri Chedilal Nayak Aged About 39 Years
Caste - Banjara R/o Village And Post - Rasoda Police Station -
Basna, Thana - Basna District - Mahasamund Chhattisgarh.,
District : Mahasamund, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh, Through Its Superintendent Of Police,
Mahasamund District - Mahasamund Chhattisgarh., District :
Mahasamund, Chhattisgarh
2. Station House Officer, Police Station - Basna, District -
Mahasamund Chhattisgarh., District : Mahasamund,
Chhattisgarh
---- Respondents
For Petitioner : Shri Mohit Kumar, Advocate appears on behalf of Shri Sanjay Agrawal, Advocate For State : Shri G.I. Sharan, Govt. Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 16.06.2021
1. The present Criminal Miscellaneous Petition under section 482 Cr.P.C. has been filed seeking quashment of the order dated 10.02.2020 passed by the Additional Sessions Judge, Sairaipali, District - Mahasamund in Criminal Revision No. 36/2020.
2. Learned counsel for the petitioner would submit that he has filed a complaint under Section 156(3) of the Cr.P.C. against Mukesh Sahu, Dharmendra Nayak, Firit Ram Sahu and Samarulal Sahu for committing offence under Sections 192, 420, 467, 471, 120-B of the IPC which was rejected by the learned trial Court on 03.10.2018. Being aggrieved with this, complainant has filed Page 2 of 3 revision petition under Section 397 Cr.P.C. before the learned Additional District and Sessions Judge, Mahasamund between Hemlal Banjara and State of C.G. He would further submit that inadvertently the name of the private respondents were not mentioned in the cause title of the complaint. Therefore, they filed application for withdrawal of the revision petition with liberty to file duly constituted revision petition on 05.02.2020. Thereafter, the matter was listed before the Additional District and Sessions Judge Saraipali, District - Mahasamund on 10.02.2020. The learned Additional District and Sessions Judge has recorded his finding as "iq u jh{k.kdrkZ orZ e ku iq u jh{k.k vkosn u ij cy ugha nsu k pkgrs gS a " and presumed that the petitioner does not want to prosecute the revision petition, therefore, said revision was dismissed. Learned revisional Court has also recorded his finding that there is no such provision of filing of fresh revision for the same cause of action.
3. It is well settled legal preposition that litigants should not be suffered at the mistakes of the counsels. The judicial system should make an attempt to see that proper justice is done between the parties. The learned Additional District and Sessions Judge has taken a hyper-technical view and dismissed the revision petition. Therefore, the order passed by the learned Additional District and Sessions Judge dated 10.02.2020 is hereby quashed. The revision petition be restored to its original number and the petitioner will be at liberty to array proposed accused namely Mukesh Sahu, Dharmendra Nayak, Firit Ram Page 3 of 3 Sahu and Samarulal Sahu in the cause title. The learned Additional District and Sessions Judge will decide the case after issuing notice to the parties, in accordance with law, without being influenced by any of the observations made by this Court. This Court has not touched merits of the case, only considered the facts which are necessary for adjudicating the present Cr.M.P.
4. With the aforesaid directions, the Cr.M.P. is allowed.
Sd-
(Narendra Kumar Vyas) Judge kishore