Madan Lal and Ors. Vs State

This criminal revision petition has been preferred against the order dated 16.01.2007, whereby, the revision petition of respondent No.2 was allowed and the learned trial Court was directed to pass the order afresh after providing an opportunity of hearing to both the parties.

It is contended by learned counsel for the petitioners that the learned trial Court vide order dated 23.09.2005, dismissed the complaint of respondent No.2 and do not find commission of offence by the petitioners. It is further contended that the learned trial Court appreciated the entire material placed before it and passed a detailed order. However, learned Revisional Court without

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[2025:RJ-JP:36693]

[CRLR-474/2007]

assigning any cogent reasons remanded the matter back to the trial Court, therefore, the order dated 16.01.2007 may be set aside.

Learned Public Prosecutor justifies the order passed by the learned Revisional Court.

The Learned trial Court passed a detailed order dated 23.09.2005 wherein he dismissed the complaint of respondent No.2 and concluded that no offence is made out against the petitioners. However, the Learned Revisional Court vide order dated 16.01.2007, without considering the material placed on record and without assigning any cogent reasons, set aside the order passed by the learned trial Court and remanded the matter for rehearing. Therefore, the impugned order passed by the Learned Revisional Court suffers from patent illegality and is accordingly set aside.

The learned Revisional Court is directed to rehear the revision petition after giving an opportunity of hearing to both the parties, with aforesaid direction, the instant revision petition stands disposed of.

(PRAVEER BHATNAGAR),J

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Ashwani Kr Srivastava /-12

Madan Lal and Ors. v. State