IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No.20 of 2009 Date of decision : November 18, 2010 Captain Lakhwinder Singh …Petitioner. Versus State of H.P. and another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Ajay Chandel, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General, for respondent No.1. Mr. Anoop Rattan, Advocate, for respondent No.2. Surjit Singh, J (Oral) Heard and gone through the record. 2. A case was registered at the instance of respondent Gurdas Ram against the present petitioner. The case was that the present petitioner had, by use of force, taken away his Truck from his compound and, thus, committed offences, under Sections 382, 147 and 149 of the Indian Penal Code. Police, after investigation, submitted cancellation report. Learned Judicial Magistrate passed an order cancelling the case, after issuing notice to respondent Gurdas Ram and considering the objections filed by him. 3. Respondent Gurdas Ram challenged the order of cancellation, by filing a revision petition before the Sessions Judge. Present petitioner, who was named as one of the Whether report ers of t he l ocal papers may be al l owed t o see t he j udgment ? …2… accused in the FIR, was not impleaded as party to the revision petition filed by respondent Gurdas Ram. Learned Additional Sessions Judge allowed that revision petition, vide order dated 9th July, 2008, Annexure P-10. Order Annexure P-10, having been passed, without hearing the present petitioner, cannot be upheld. When a cancellation order had been passed in favour of the petitioner, the same should not have been set aside, without hearing him, because doing so means violation of one of the basic principles of natural justice that no one should be affected by a judicial order, without being heard. 4. In view of the abovestated position, revision petition is allowed, impugned order is set aside and the matter is remanded to the learned Additional Sessions Judge, with a direction to decide the same afresh, after hearing the present petitioner and other accused, if any. Petition stands disposed of. November 18, 2010(sd) ( Surjit Singh ), J