SURESH CHANDRA JOSHI Vs. SANJAY SAH
LAWS(UTN)-2013-7-228
HIGH COURT OF UTTARAKHAND
Decided on July 30,2013

SURESH CHANDRA JOSHI Appellant
VERSUS
Sanjay Sah Respondents

JUDGEMENT

- (1.) Learned Magistrate declined to issue process on the private complaint preferred by respondent vide order dated 17.11.2006. Feeling aggrieved complainant / respondent preferred criminal revision no. 11 of 2006 before the Sessions Judge, Almora. The revision was allowed vide order dated 19.12.2008 setting aside the dismissal order dated 17.11.2006 and remanding the matter back to the Judicial Magistrate with a direction to pass fresh order in accordance with law. Thereafter, Judicial Magistrate on 19.01.2009 passed following order: "On call, complainant along with his counsel is present. Accused is not present. Issue summon to the accused."
(2.) Feeling aggrieved, accused has preferred this petition.
(3.) Order dated 19.01.2009 passed by Judicial Magistrate is non speaking order, therefore, is not sustainable in the eyes of law.;


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