1997 (2) TMI 556

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..... he learned Magistrate after the appraisal of the evidence led by the complaint came to the conclusion that the alleged incident never took place and the complaint itself was a Figment of the imagination of the complainant. He was-further of the view that the complaint was Filed in order to bring pressure on the respondents. Hence the said complaint was dismissed vide judgment and order dated 28th October, 1995. (3) Aggrieved and dis-satisfied with the said judgment and order the complainant i.e. the respondent herein approached the court of Session by way of revision. The learned Additional Sessions Judge vide the impugned judgment and order allowed the revision petition and set aside the order passed by the learned M.M. He further direc .....

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..... strate was under no obligation to call them and to hear them, Therefore according to him, there is no illegality and invalidity in the course adopted by the learned Additional Sessions Judge. (8) I have heard the learned counsel for both the parties and have very carefully examined the facts of the present case and have given my anxious thought thereto. (9) Section 399 of the Code of Criminal Procedure deals with the powers of revisions of a court of Sessions. Hence the provisions of the said section can be adverted to with profit. It is in the following words. In he case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Co .....

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..... or by Pleader in his own defense. (12) 1T is abundantly clear form the relevant provisions of law reproduced above that no order to the prejudice or an accused or any other person can be be made unless the said accused or the said person had been given an opportunity of being heard. (13) Admittedly in the instant case an order to the detriment of the petitioners was passed by the learned Sessions Judge inasmuch as the learned Magistrate was directed to summon them under Sections 323/452 of the I Pc, yet the said order was passed in then absence. Hence I fell the said order is illegal and invalid and is liable to be set aside. (14) I am fortified in my above view by the observations of a Single Judge of this Court as reported in2J .....

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