Kabla Singh And Ors v. Joginder Singh .

Surinder Singh, J.:— Joginder Singh respondent filed a complaint under section 500. Indian Penal Code against the three petitioners making a grievance that in consequence of some false cases launchnd by the petitioners, the respondent had to be brought in handcuffs in one of the cases, as a result of which be had been degraded in the estimation of the community.

2. The said complaint after consideration was dismissed by the Additional Chief Judicial Magistrate Amritsar, by means of his order, dated September 30, 1980, holding that the case of the petitioners was covered by Exception 8 of Section 499, Indian Penal Code. Joginder Singh respondent filed a Revision against the said order which was accepted by the Sessions Judge, Amritsar who set aside the order passed by the trial Court and directed a further enquiry It is against this order of the Sessions Judge that the present Revision Petition under section 482, Cede of Criminal Procedure, has been filed by the three petitioners.

3. At the time of the hearing of this Revision Petition, the learned counsel for the petitioners raised a very cogent argument that before accepting the Revision Petition, the learned Sessions Judge had not summoned the petitioners and the impugned order which adversely affected their interest, had been passed behind their back. The correctness of this objection is indicated even in the last para of the impugned judgment of the learned Sessions Judge in which it is recited that the judgment was pronounced only in the presence of the counsel for the petitioner (Joginder Singh respondent) Apart from this circumstance, even the learned counsel for the respondent ?s not able to controvert the above objection

4. The result is that the exparte order passed by the learned Sessions Judge which in adverse to the interest of the petitioners, cannot be sustained. The Revision Petition is consequently a???ed and the said order is set aside. It is directed that the case shall go back to the learned Sessions Page: 237Judge who shall dispose of the Revision Petition filed by Joginder Singh respondent, afresh, in accordance with law.

5. The parties through their counsel have been directed to appear before the learned Sessions Judge, Amritsar, on January 28, 1985 for this purpose.