RUBI ADHIKARI SEHGAL Vs. YASHPAL JOSHI

JUDGEMENT

(1.) Reliance of Ld. counsel for the petitioner is on a decision of Supreme Court in Prabha Mathur & Anr. Vs. Pramod Aggarwal & Ors, in which the High Court's decision to set aside the order of dismissal of a complaint by the Magistrate without an opportunity of hearing to the accused persons, was itself set aside by the Apex Court and the matter was remitted back to the High Court with a direction to issue notice upon the appellants/accused persons and afford them an opportunity of hearing before passing an appropriate order, in accordance with law.

(2.) In Manharibhai Muljibhai Kakadia and another Vs. Shaileshbhai Mohanbhai Patel and others, it was observed by the Supreme Court:-

(3.) It is seen that in the present case also, complaint against the petitioner was dismissed by the Ld. JMIC, Karnal, vide order dated 04.02.2015 (Annexure P-4).