IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-22227 of 2008 Date of decision : 15.07.2009 Saraj Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Arihant Jain, Advocate for the petitioner. Mrs. Samsi Dhir Malhotra, AAG Punjab. RAJAN GUPTA J. (ORAL) Learned counsel for the petitioner submits that order Annexure P-3 is bereft of any reasons. According to the counsel, the petitioner was neither served nor heard at the time order Annexure P-3 was passed. Counsel therefore, prays that case be remanded back to the same Court for a decision afresh after affording opportunity of hearing to the petitioner. Learned counsel for the State does not oppose this prayer. The perusal of the order Annexure P-3 shows that only presence of public prosecutor for the State is recorded therein. Apparently, the petitioner did not get the opportunity of hearing before the trial court. Under the circumstances, the instant petition is allowed and order Annexure P-3 dated 23.02.2007 is hereby set-aside and the case is remanded back to the Court of Chief Judicial Magistrate, Patiala for decision afresh after hearing both the parties. The question whether the petitioner was served before the impugned order was passed shall also be Crl. Misc No. M-22227 of 2008 -2- gone into by the trial court. Parties are directed to remain present before the said Court on 10.08.2009. 15.07.2009 (RAJAN GUPTA) Ajay JUDGE