[2025:RJ-JP:18045] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 9993/2022 Mohammed Yusuf S/o Late Shri Bashiruddin, Aged About 68 Years, R/o 5/116, Andar Kot, Ajmer, Mutawalli, Dargah Khwaja Fakhruddin Chisti Sahab Sarwad, kekri, District Ajmer. ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Mohammed Rais Pathan Son Of Shri Chhotu Khan Pathan, Aged About 42 Years, R/o Sarwad, Police Station Sarwad, District Ajmer (Raj). ----Respondents For Petitioner(s) : Ms. Savita Nathawat for Mr. V.R. Bajwa, Sr. Adv. For Respondent(s) : Mr. Manvendra Singh, PP Mr. Praveen Kumar Jain Mr. Asad Sheikh HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 29/04/2025 The instant SB criminal misc petition is preferred against the order dated 07.10.2022 passed by Additional District & Sessions Judge No, 2 Kekri (Ajmer) in criminal revision petition No. 48/2018 whereby the revision of the complainant against the order dated 19.11.2016 passed by Judicial Magistrate First Class Sarwad, Ajmer was remanded. It is contended that while passing the order, revisional court did not implead the petitioner therefore the order dated 07.10.2022, is contrary to law, hence the matter may be remanded to the court concerned to hear the parties. [2025:RJ-JP:18045] (2 of 2) [CRLMP-9993/2022] Learned counsel for the petitioner places reliance upon the judgment of Kewal Chand Dakalia Vs. State of Rajasthan in S.B. Criminal Misc. (Petition) No. 2993/2020, whereby the coordinate Bench of this court held that Section 401(2) of Cr.P.C. makes it abundantly clear that no order can be passed by revisional court without including the accused and providing him the opportunity to be heard. Learned counsel for the respondent concedes to the legal point. Heard and perused the material available on the record. Considering the above facts the order dated 07.10.2022, passed by the revisional court is hereby set aside with the direction to the revisional court to hear the petitioner before deciding the revision petition. Both the parties are directed to appear before the concerned revisional court on 20.05.2025, the concerned court shall decide the revision petition in accordance with law. Accordingly, the instant SB criminal revision petition stands disposed of. (PRAVEER BHATNAGAR),J ashu /176