WWW.LIVELAW.IN ITEM NO.22 COURT NO.1 SECTION IIC S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).3689/2018 (Arising out of impugned final judgment and order dated 0604 2018 in Crl.MMO No.115/2018 passed by the High Court Of Himachal Pradesh At Shimla) SANJIV CHATURVEDI Petitioner(s) VERSUS VINEET CHAWDHRY Respondent(s) (FOR ADMISSION and I.R. and IA No.60651/2018EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.60653/2018 EXEMPTION FROM FILING O.T.) Date : 14052018 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s)
Mr. Colin Gonsalves, Sr. Adv. Mr. Shreeji Bhavsar, Adv. for Mr. Satya Mitra, Adv. [AOR] For Respondent(s) - UPON hearing the counsel the Court made the following O R D E R Heard Mr. Colin Gonsalves, learned senior counsel assisted by Mr. Shreeji Bhavsar, learned counsel for the petitioner. Signature Not Verified Digitally signed by SUBHASH CHANDER Date: 2018.05.14 17:35:49 IST Reason:
In this Special Leave Petition, the petitioner calls in
question the order dated 06.04.2018 passed in Cr.MMO No.115 of 2018 passed by the High Court of Himachal Pradesh at Shimla.
WWW.LIVELAW.IN SLP(Crl.)No.3689/18 ... (contd.)
2 On a perusal of the order passed by the High Court, we find that the learned Single Judge, except stating that he is not inclined to interfere in the petition under Section 482, Cr.P.C. seeking quashing of the complaint, has not adverted to any aspect. Be it noted, though the submissions have been referred to in the impugned order, the same have not at all been addressed. In view of the aforesaid, we think it appropriate to set aside the impugned order and remand the matter to the High Court for fresh consideration and pass a reasoned order in accordance with law. This order may be communicated to the respondent. Needless to say, if the respondent feels aggrieved by this order, liberty is granted to him to file an application for recall of this order. The petitioner is at liberty to produce this order before the concerned Magistrate. The Special Leave Petition stands disposed of accordingly. Pending applications, if any, may be deemed to have been disposed of. (Subhash Chander) (Tapan Kumar Chakraborty) ARcumPS Court Master
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