26 November 2008
Supreme Court
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PUSHKAR DUTT Vs NARESH .

Bench: TARUN CHATTERJEE,V.S. SIRPURKAR, , ,
Case number: Crl.A. No.-001884-001884 / 2008
Diary number: 10020 / 2007
Advocates: Vs DAYA KRISHAN SHARMA


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  IN THE SUPREME COURT OF INDIA              CRIMINAL APPELLATE JURISDICTION

    CRIMINAL APPEAL NO.1884 OF 2008              (Arising out of SLP(Crl.)No.2408 of 2007)  

PUSHKAR DUTT & ANR.                                 .....APPELLANT(S) VERSUS

NARESH & ORS.                                  ....RESPONDENT(S)

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.