Hon''ble Prafulla C. Pant, J.@mdashHeard.
2. By means of this petition, moved u/s 482 of Code of Criminal Procedure,1973, the petitioner has sought quashing of the ex parte order dated 05.11.2011, passed by Sessions Judge, Chamoli in Criminal Revision No. 58 of 2011, state vs. Devendra Singh.
3. Brief facts of the case are that, crime no. 93 of 2011 was registered at Police Station Karanprayag, relating to offence punishable u/s 3/7 of Essential Commodities Act, 1955, and u/s 420 of I.P.C. against Kundan Singh and others. Registered owner of the vehicle involved in said crime is the petitioner Devendra Singh Rawat. It appears that an application was moved by the present petitioner for release of the vehicle. The Chief Judicial Magistrate after considering the fact that no confiscation proceedings are pending before the District Magistrate/ Collector relating to the vehicle in question, released the vehicle in favour of the registered owner (present petitioner), vide his order dated 22.10.2011.
4. It appears that a revision was filed on behalf of the State which was registered as criminal revision no. 58 of 2011. Learned Sessions Judge, Chamoli, without issuing notice to the present petitioner allowed the revision against him, at the admission stage and quashed the order passed by the Chief Judicial Magistrate.
5. Learned counsel for the petitioner submitted that the rights of the petitioner are seriously prejudiced after release of the vehicle, by the impugned order as he was not given any opportunity to be heard before the order passed in his favour was set aside. I agree with the submission of the learned counsel for the petitioner, and it appears learned Sessions Judge, Chamoli, Hardwar, proceeded in hot haste.
6. For the reasons as discussed above, this petition u/s 482 of Cr.P.C., is allowed, the impugned order dated 05.11.2011 passed by Sessions Judge, Chamoli, in criminal revision no. 58 of 2011 is set aside. The revisional court is directed to decide the criminal revision afresh, after giving notice to the present petitioner (who is respondent in the criminal revision).
