Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1777 OF 2012
(@ SPECIAL LEAVE PETITION(CRL.)NO.2635 OF 2012)
MRUNALINIDEVI PUAR APPELLANT
VERSUS
M/S. GAEKWAD INVESTMENTS
CORP.PVT.LTD&ANR. RESPONDENTS
O R D E R
1. Delay condoned.
2. Leave granted.
3. This appeal is directed against the judgment and
order passed by the learned Single Judge of the High Court
of Gujarat at Ahmedabad in Special Criminal Application
th
No.183 of 2010, dated 10 August, 2011. By the impugned
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judgment and order, the High Court has set aside the order
th
passed by the learned Chief Judicial Magistrate, dated 14
October, 2009, wherein the learned Magistrate had accepted
‘C’ Summary report filed by the investigating officer
against the accused persons.
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4. The complainant was the petitioner in Special
Criminal Application No.183 of 2010. In the said
application, he had called in question the correctness or
otherwise of the orders passed by the learned Chief
th
Judicial Magistrate, dated 14 October, 2009. The High
Court, while allowing the said Criminal Application, has
set aside the order dated 14.10.2009, which, in fact, is
contrary to the provisions of Criminal Procedure Code,
1973 and in violation of Principles of Natural Justice. In
our opinion, no adverse order could have been passed
against a person without affording any opportunity of
hearing to the person concerned. Since that has not been
done by the High Court, we take exception to the judgment
and order passed by the High Court.
5. Resultantly, we allow this appeal and set aside
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the order passed by the High Court in Special Criminal
th
Application No.183 of 2010, dated 10 August, 2011. We
remand the matter back to the High Court
for fresh disposal of the Criminal Application
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as per law. The High Court after affording opportunity of
hearing to all the persons, including the appellant
herein, shall dispose of the Criminal Application as
expeditiously as possible. All the contentions of the
parties are left open.
Ordered accordingly.
.......................J.
(H.L. DATTU)
.......................J.
(CHANDRAMAULI KR. PRASAD)
NEW DELHI;
NOVEMBER 05, 2012.
JUDGMENT
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