Stonemann Royale Ltd And ANR v. The State Of Maharashtra And ANR

18)APL1177.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL APPLICATION NO. 1177 OF 2014 Stonemann Royale Ltd. & Anr.

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Applicants

Versus

The State of Maharashtra & Anr.

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Respondents Mr. A.M.M. Ponda i/b Thodur Law Associates, Advocate for the applicants Mr. V.B. Konde-Deshmukh, APP for the respondent-State. Mr. Girish R. Agrawal, Advocate for the respondent No. 2. CORAM:-M.L. TAHALIYANI,J.

DATED : -06/01/2015 P.C.

Admit. Respondents waive service. By consent of the parties, the matter is heard finally.

Heard learned counsel for the parties.

Perused the impugned order. The impugned order was passed in the absence of the applicants (accused Nos. 1 and 2) and respondent No. 2 complainant. It is admitted position that neither the applicants and their lawyer nor the 1/2

18)APL1177.14 respondent No. 2 and his lawyer were present when the order in question was passed. It is also admitted position that nobody was heard before passing order below Exhibits 91 and 92 in Criminal Case No. 2856/2012. Such an order cannot be sustained and needs to be set aside.

The impugned order passed below Exhibits 91 and 92 in Criminal Case No. 2856/2012 is set aside. The learned trial Magistrate is directed to hear the applicants and respondent No. 2 before passing any order below Exhibits 91 and 92 in Criminal Case No. 2856/12.

The application stands disposed of.

(JUDGE) md.saleem 2/2