Madhya Pradesh High Court
Ramesh Agarwal vs Mukesh Jain on 1 March, 2016
1 Mcrc. 13702/15
1/3/16
Shri Naval Gupta, Advocate for the petitioner.
Ms. Sudha Shrivastava, Panel Lawyer for respondent
No.2/State.
At the outset, learned counsel for the petitioner seeks and is permitted to withdraw I.A.No.10800/15.
Accordingly, said I.A. stands dismissed as not pressed. Heard on the question of admission and stay. Let notice of this petition as well as an application for stay (I.A.No.10900/15) be issued to respondent No.1-Mukesh Jain, on payment of process-fee within three days, failing which the petition shall stand automatically dismissed without further reference to this bench.
Learned counsel for the petitioner submits that initially the trial court dismissed the application filed by complainant/respondent No.1- Mukesh Jain under Section 319 of Cr.P.C. for making the petitioner, who is Director in the Company as accused. On assailing of the said order before the revisional court of Fourth Additional District Judge, Bhind, the revisional court without hearing the proposed accused allowed the revision preferred by the complainant/respondent No.1 and directed the trial court to re-consider the application under Section 319 of Cr.P.C. in accordance with law.
Learned counsel for the petitioner relying upon the decision of the Apex court in the case of Mohit alias Sonu and Another Vs. State of U.P. & another reported in (2013) 7 SCC 789 contends that on the anvil of section 401(2) of Cr.P.C. no order can be passed by the revisional court to the prejudice of the accused or other person unless he has had an opportunity of being heard.
In the present case it appears that neither the petitioner (proposed accused) was made party nor was he heard by the revisional court before the decision against him was passed by the impugned order.
In view of above, no coercive steps shall be taken against the 2 Mcrc. 13702/15 petitioner in Case No. 485/10 pending before the Additional Chief Judicial Magistrate, Bhind.
C.c. as per rules.
(Sheel Nagu) Judge (Bu)