2009 (5) TMI 570

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..... the notice and hence the learned Magistrate passed the order - before passing any order, an opportunity's required to be given to the petitioner as his valuable right is affected - applications are allowed - 5352-5353 of 1993 - - - Dated:- 6-5-2009 - M.D. Shah, J. REPRESENTED BY : S/Shri Harin P. Raval, Mihir Pathak, Shakeel A. Qureshi CGSC and Mengde, APP, for the Respondent. [O .....

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..... Magistrate has passed the order without giving any opportunity of hearing to the present applicants, only relying upon the endorsement on the RPAD Slip. It seems that no attempt has been made to serve the notice to the present applicants through the concerned Police Officer. No doubt, as per the provisions of Cr. PC, if the accused are residing outside the State, notice or summons can be served th .....

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..... fresh notice is required to be issued by the learned Chief Judicial Magistrate in this behalf. The learned Magistrate, after hearing both the sides, decide the application Exh. 21 in Criminal Case No. 2 of 1988 and pass appropriate orders. It is needless to mention here that the parties are at liberty to produce all the documents before the learned Chief Judicial Magistrate, and if such documents .....

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