1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO. 737/2005 (Maha Singh V/s State of Rajasthan & Anr.) Date of Order : 09/07/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. H.K.Jain, for the petitioner. Mr. Ashok Upadhyay, P.P. Mr. G.J.Gupta for the respondent No.2. BY THE COURT:- By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 06.1.2005 passed by Additional Sessions Judge, No.2, Sriganganagar (for short 'the revisional court' hereinafter) in Criminal Revision No. 31/2004 whereby the revisional court allowed the revision petition filed by the non-petitioner No.2 against the order dated 26.7.2004 passed by Additional Chief Judicial Magistrate, Sriganganagar (for short 'the trial court' hereinafter) in Cr. Case No. 1287A/03 and set aside the order dated 26.7.2004 passed by the trial court. Heard learned counsel for the parties. 2 It is contended by learned counsel for the petitioner that the order passed by the trial court dated 26.7.2004 closing the evidence of the prosecution came to be challenged by the complainant before the revisional court without impleading the accused petitioner. Thus, the revisional court fell in error in passing the order impugned prejudicial to the interest of the accused petitioner. In my view, the order impugned cannot sustain for the reason that the order has been passed at the back of the accused and without hearing him. Such an order ought not to have been passed by the revisional court. In the circumstances, therefore, the petition deserves to be allowed. In the result, the criminal misc. petition is allowed. The order impugned dated 6.1.2005 passed by the revisional court is set aside. The revision petition filed by the non-petitioner No.2 is restored to its original number and non-petitioner No.2 is to implead the accused petitioner as party non-petitioner in the revision petition and the revisional court shall decide the revision petition afresh after providing opportunity of hearing to the accused petitioner. Stay petition also stands disposed of. (H.R.PANWAR),J. rp