Full Judgment Text
NON-
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1942 OF 2008
(Arising out of SLP(Crl.)No. 2337 of 2007)
Ashok Kumar Thakur@Ashok Kumar …Appellant
VERSUS
State of Bihar & Ors. …Respondents
O R D E R
1. Leave granted.
2. This appeal is directed against the order dated
th
8 of December, 2006 passed by the High Court
of Judicature at Patna in Criminal Misc. No.
10662 of 2004, by which the learned Judge of
the High Court had rejected an application
under Section 482 of the Code of Criminal
Procedure (in short, ‘the Code’).
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3. We have heard the learned counsel for the
parties and have examined the impugned order
and the materials on record including the
application under Section 482 of the Code.
4. In our view, the High Court had passed the
impugned order without applying its mind and
without passing a reasoned and speaking order.
5. In this view of the matter only, we set aside the
impugned order and the matter is remitted back
to the High Court for fresh disposal after giving
hearing to the parties and after passing a
reasoned and speaking order in accordance
with law.
6. It is expected that the High Court shall decide
the said application under Section 482 of the
Code within two months from the date of supply
of a copy of this order to it without giving any
unnecessary adjournments to either of the
parties.
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7. The impugned order is thus set aside and the
appeal is allowed to the extent indicated above.
There will be no order as to costs.
…………..………………J.
[TARUN CHATTERJEE ]
NEW DELHI: …...………………………J.
December 01, 2008 [V.S.SIRPURKAR]
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