1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Ram Singh Shekhawat V/s. State of Rajasthan (S.B. Criminal Misc. Petition No.1178/2010) S.B. Criminal Misc. Petition under Section 482 of Criminal Procedure Code Date of Order :: July 12, 2010 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr. Lokesh Sharma for the Petitioner. Mrs. Alka Bhatnagar PP for the State. The petitioner is aggrieved by the order 26.11.2009 passed by Judicial Magistrate, First Class, Udaipurwati, District Jhunjhunu, whereby the learned Magistrate has directed that a direction should be issued to the Superintendent of Police, District Jhunjhunu for initiating a departmental inquiry against the petitioner and for ensuring that the result of the investigation is produced immediately before the Court. Mr. Lokesh Sharma, the learned counsel for the petitioner, has contended that the said direction has been issued without first issuing a show-cause notice to the petitioner. In fact, certain observations have been made and strictures have been passed against the petitioner without affording him an opportunity of hearing. Therefore, the impugned order has been passed in utter violation of principles of natural justice. 2 The learned Public prosecutor has frankly conceded, and in the opinion of this Court rightly so, that there is nothing on record to show that a notice was issued to the petitioner prior to passing of the impugned order dated 26.11.2009. A bare perusal of the order dated 26.11.2009 clearly reveals that the petitioner was not even arrayed as a non- petitioner in the application filed by the complainant under Section 190 Cr.P.C. Moreover, no show cause notice was issued to the petitioner prior to passing of the impugned order. It is, indeed, trite to state that no adverse order can be passed against a person without issuing a notice to him. Therefore, the learned Magistrate was not justified in passing strictures in directing that a departmental inquiry be initiated against the petitioner without giving an opportunity of hearing. Thus, this Court has no hesitation in quashing and setting aside the order dated 26.11.2009 and in remanding the case back to the learned Magistrate and in directing the learned Magistrate to give an opportunity of hearing to the petitioner before passing any adverse order against him. With these observations, this petitioner is, hereby, allowed. (R.S.CHAUHAN)J. A.Asopa/-