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Pushkar Dutt & ANR. Vs. Naresh & Ors. [2008] INSC 2022 (26 November 2008)

Judgment

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1884 OF 2008 (Arising out of SLP(Crl.)No.2408 of 2007) PUSHKAR DUTT & ANR. .....APPELLANT(S) VERSUS O R D E R Leave granted.

This appeal is directed against the final judgment and order dt.19.12.2006 in C.R.R.No.616 of 2003 by which the High Court had dismissed the matter which was pending before it by the impugned order in the following manner :- "In view of the reasons recorded in Para 15 of the Judgment, no ground for interference is made out.

Dismissed."

In our view, the order impugned is neither speaking nor a reasoned order. In that view of the matter, we have no other alternative but to set aside the same and send it back to the High Court for a fresh decision in accordance with law. We accordingly remit the matter back to the High Court with a request to dispose of the same on merits within a period of three months from the date of supply of a copy of this Order without granting any unnecessary adjournment to either of the parties. The appeal is allowed to the extend indicated above.

There shall be no order as to costs.

.............................J. ( TARUN CHATTERJEE )

.............................J. ( V.S.SIRPURKAR )

NEW DELHI;

NOVEMBER 26, 2008.

 

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