IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2145 OF 2009 [arising out of SLP(CRL.) No. 5077 of 2007 ]

   BINDU & ORS. ..... APPELLANTS

VERSUS

   SURESH KUMAR & ANR. ..... RESPONDENTS

O R D E R

  Leave granted.

A  charge   had  been  framed  against  the  appellants  for  

offences punishable under Section 332/353 read with section 34  

of IPC by the Magistrate vide order dated 30th September, 2007.  

This order was set aside by the Additional Sessions Judge, Hisar  

by order dated 27th February, 2007.  This order was challenged by  

the complainant in the High Court.  The High Court has set aside  

the order dated 27th February, 2007 without even a notice to the  

accused  by  the  impugned  order  dated  17th July,  2007  and  a  

direction has been issued to the Judicial Magistrate, Hansi to  

rehear the parties and pass fresh order “regarding framing or  

not framing charge”.  We are of the opinion that this order is  

clearly unsustainable for the reason that it was made  without  

notice  to  the  accused.   The  order  dated  17th July,  2007  is  

accordingly set aside and the matter is remitted to the High  

Court for a fresh decision in accordance with law.

The appeal is allowed in the aforesaid terms.

    ..................J      [HARJIT SINGH BEDI]

    ..................J      [J.M. PANCHAL]

NEW DELHI NOVEMBER 06, 2009.