Ashok Kumar Thakur @ Ashok Kumar vs State Of Bihar & Ors on 1 December, 2008

                                             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


                        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’).

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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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