KARTAR CHAND Vs. S. JOGINDER SINGH

JUDGEMENT

(1.) Heard Mr. Y.P. Koushal, learned Counsel for the petitioner as well as Mr. S.S. Shukla, learned Counsel for the respondents.

(2.) The impugned order dated 29.09.2008 was passed by learned 2nd Additional Sessions Judge, Jammu in file No. 4/Criminal Revision reversing and setting aside the order dated 18.06.2008, passed by learned District Magistrate, Jammu, under Section 133(I)(a) of Cr.P.C. in case No. DCJ/8Q/08-09/701, whereby Station House Officer, Trikuta Nagar, was directed to ensure implementation of the said order in letter and spirit and take necessary action against the violation of law and order and to personally supervise that the public pathway might not be obstructed in any way.

(3.) It is apparent on the face of record that when the order dated 18.06.2008 was passed, though respondent No. 1 herein, was arrayed as Defiant party in the said proceeding, he was not heard and said order was passed in his absence.