IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION

CRIMINAL  APPEAL  NO. 726  OF 2008

[Arising out of SLP(Crl.) No. 6365/2007]

MANISHA ... APPELLANT(S) :VERSUS:

STATE OF HARYANA AND ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel for the parties, we are of the opinion that

the High Court having not applied its mind on the merit of the matter, interest of

justice shall be subserved if the impugned order is set aside and the High Court is

requested to consider the same on merit. Accordingly, the impugned order is set aside

and the matter is remitted to the High Court for considering the same on merit.

Keeping in view the facts and circumstances of the case, we request the High

Court  to  dispose  of  the  criminal  miscellaneous  petition  of  the  appellant  herein  as

expeditiously as possible, preferably within a period of two months from the date of

receipt of a copy of this order. The proceedings before the Trial Court, however, shall

go on. The appeal is disposed of accordingly.

..........................J (S.B. SINHA)

..........................J   (MUKUNDAKAM SHARMA) NEW DELHI, APRIL 16, 2008.