1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.2079 OF 2009 Dinesh Gupta & Ors. : Applicants (Orig.Accused No.1 to 6) V/s. The State of Maharashtra & Anr. : Respondents (Resp.No.2-Orig.Complt.) ... Mr.Niranjan Mundargi for the applicants. Mr.S.N.Gawade, Addl. Public Prosecutor for the State. Mr.S.V.Marwadi for respondent no.2. ... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 01, 2009. P.C.: Rule. The learned counsel for the respective respondents waive service. By consent of parties, taken up for final hearing. 2. The applicants have challenged the order of the Sessions Court, Greater Mumbai, Sewree, in Criminal Revision Application No.36 of 2009 dated 20.3.2009 setting aside the order of the Magistrate dated 7.2.2009 rejecting the prayer of the complainant to forward the complaint 2 under section 156(3) of the Cr.P.C. and proceed under section 200 of the Cr.P.C. 3. The learned Sessions Court directed the Magistrate to pass necessary orders under section 156(3) of the Cr.P.C. and to give directions to Pydhonie police station to proceed with the investigation, in accordance with law. 4. Admittedly, the respondent-complainant had not joined any of the accused-applicants as parties to the revision and the matter was decided by the Sessions Court without notice to them. In view of the law laid down by the Supreme Court in Raghu Raj Singh Rousha v. M/s.Shivam Sundaram Promoters (P) L & Anr. [(2009) 2 SCC 363], it was necessary for the respondent to join the applicants-accused as parties to a revision where he was questioning the order of the Magistrate directing examination of the complainant under section 200 instead of proceeding under section 156(3). 5. In view of the law laid down by the Supreme Court, the impugned order is set aside. The matter is remanded back for a fresh hearing after allowing the respondent no.2 to join all the applicants as parties to the revision application. Needless to say that the matter shall be 3 decided afresh on merits. The parties are directed to appear before the Sessions Court on 14.9.2009. Rule is made absolute in the above terms. S.A. BOBDE, J.