RAGHUNATH SUBUDHI Vs. JAGANNATH PANDA AND FOUR ORS.

JUDGEMENT

(1.) THIS application under Sections 401 and 482 of the Code of Criminal Procedure (for short, the Code) has been directed against the order dated 13 -5 -1982 passed by the Executive Magistrate, Chatrapur, recalling an order made under Section 116(3) of the Code earlier on the same day against the opposite parties for execution of bonds. The Executive Magistrate had passed the following order:

(2.) AS has rightly been submitted by the learned Counsel for the Petitioner, the impugned order had been passed without affording an opportunity to the Petitioner of being heard on the application made by the opposite parties and without even serving a copy of the application on him. No party should be condemned unheard, therefore, feel that to prevent an abuse of the process of the court, this Court should, in exercise of its powers under Section 482 of the Code, set at naught this order and I would accordingly allow the application in revision and set aside this order.

(3.) THE application in revision is accordingly disposed of.