Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2145 OF 2009
[arising out of SLP(CRL.) No. 5077 of 2007 ]
BINDU & ORS. ..... APPELLANTS
VERSUS
SURESH KUMAR & ANR. ..... RESPONDENTS
O R D E R
Leave granted.
A charge had been framed against the appellants for
offences punishable under Section 332/353 read with section 34
th
of IPC by the Magistrate vide order dated 30 September, 2007.
This order was set aside by the Additional Sessions Judge, Hisar
th
by order dated 27 February, 2007. This order was challenged by
the complainant in the High Court. The High Court has set aside
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the order dated 27 February, 2007 without even a notice to the
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accused by the impugned order dated 17 July, 2007 and a
direction has been issued to the Judicial Magistrate, Hansi to
rehear the parties and pass fresh order “regarding framing or
not framing charge”. We are of the opinion that this order is
clearly unsustainable for the reason that it was made without
th
notice to the accused. The order dated 17 July, 2007 is
accordingly set aside and the matter is remitted to the High
Court for a fresh decision in accordance with law.
The appeal is allowed in the aforesaid terms.
..................J
[HARJIT SINGH BEDI]
..................J
[J.M. PANCHAL]
NEW DELHI
NOVEMBER 06, 2009.