NIRANJAN LAL CHHIPA Vs AJAY KUMAR JOSHI .
Bench: A.K. PATNAIK,SUDHANSU JYOTI MUKHOPADHAYA
Case number: Crl.A. No.-000594-000594 / 2013
Diary number: 30949 / 2012
Advocates: ABHISHEK GUPTA Vs
RANBIR SINGH YADAV
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 594 OF 2013 (SPECIAL LEAVE PETITION(CRL.)NO.7550 OF 2012)
NIRANJAN LAL CHHIPA APPELLANT
VERSUS
AJAY KUMAR JOSHI & ORS. RESPONDENTS
O R D E R
1. Leave granted.
2. We have heard learned counsel for the parties.
3. By the impugned judgment, the High Court has quashed the
order dated 30.06.2012 passed by the Sessions Judge (Fast Track)
Bandikui, District Dausa and directed the Sessions Judge to decide
the Revision Petition filed against the order dated 19.05.2012 of
the learned Chief Judicial Magistrate, Dausa in connection with
F.I.R.No.561 of 2011.
4. The main grievance of the appellant is that before the
impugned order was passed by the High Court quashing the order
passed by the Sessions Judge in his favour, no hearing was granted
to the appellant, though he was impleaded as respondent in the
Criminal Revision Petition before the High Court.
5. Considering the fact that the appellant was not given a
hearing by the High Court before it passed the impugned order, we
set aside the impugned order dated 26.07.2012 of the High Court
passed in S.B.Criminal Revision Petition No.737 of 2012 and remand
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the matter back to the High Court for its fresh hearing and
disposal.
Criminal Appeal is allowed accordingly.
...........................J. (A.K. PATNAIK)
...........................J. (SUDHANSU JYOTI MUKHOPADHAYA)
NEW DELHI; APRIL 15, 2013