Md. Jabbar Ansari vs The State Of Jharkhand
2023 Latest Caselaw 2231 Jhar

       IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 2041 of 2016
       1. Md. Jabbar Ansari
       2. Khabir Ansari
       3. Safiruddin Ansari
       4. Yar Md. Ansari
       5. Jamshed Ansari                               .....   ...     Petitioners
                                    Versus
      1. The State of Jharkhand.
      2. Manju Marandi                                ..... ...      Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. S.S. Choudhary, Advocate.

      For the State             :        Mr. Rajneesh Vardhan, A.P.P.
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08/ 03.07.2023 Notice upon the O.P. No. 2 has been effected, however, she has not appeared as yet. On 16.05.2023, the matter was adjourned with a view to provide an opportunity to the O.P. No. 2 and it was observed that if on the next date of listing, O.P. No. 2 does not appear, the matter shall be decided in absence of O.P. No. 2. Accordingly, this petition is being taken up in absence of O.P. No. 2 on merits.

2. Heard Mr. S.S. Choudhary, learned counsel appearing for the petitioners and Mr. Rajneesh Vardhan, learned A.P.P. for the State.

3. This petition has been filed for quashing of the order dated 20.07.2016, passed in Criminal Revision No. 18 of 2016 by the learned Principal Sessions Judge, Sahibganj, by which, he has been pleased to remand the matter back to the learned S.D.J.M., Sahibganj to pass a fresh order, in connection with P.C.R. Case No. 19 of 2016.

4. Learned counsel appearing for the petitioners submits that in absence of the petitioners, the learned revisional court has passed the said order, which is against the mandate of law.

5. Learned counsel appearing for the State submits that it is a fact that without hearing the petitioners, the said order has been passed.

6. In view of the above submissions of the parties, it appears that the said revisional order was passed against the provisions prescribed under Section 397 of Cr.P.C. and this aspect of the matter has already been considered by the several judgments of Hon'ble Supreme Court as well as High Courts.

7. Accordingly, the impugned order dated 20.07.2016, passed in Criminal Revision No. 18 of 2016 by the learned Principal Sessions Judge, Sahibganj, by which, he has been pleased to remand the matter back to the

learned S.D.J.M., Sahibganj to pass a fresh order, in connection with P.C.R. Case No. 19 of 2016, is hereby, set aside. The said petition is restored to its original file. The learned revisional court will pass an appropriate order after being affording an opportunity of hearing to both the parties.

8. The petitioners as well as O.P. No. 2 are directed to appear before the learned Principal Sessions Judge, Sahibganj on 31.07.2023 at 10.30 A.M.

9. In view of the above observation, this petition is disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-