Ashok Kumar Thakur @
Ashok Kumar Vs. State of Bihar & Ors. [2008] INSC 2047 (1 December 2008)
Judgment
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 ORDER
1.
Leave
granted.
2.
This
appeal is directed against the order dated 8th 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').
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.
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]
.................................J.
NEW
DELHI:
Back
Pages: 1 2 3
