Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO.1750/2008. (Smt. Alka Dudhe ..vs.. State ) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri Bapat, Advocate for applicant Shri Dhote, A.P.P. for state CORAM : R.C.CHAVAN, J. DATED : NOVEMBER 18, 2008. This is an application under section 482 of Code of Criminal Procedure for having order passed by learned Judicial Magistrate First Class, Rajura on 29.12.2005 quashed as also revisional order passed by learned Sessions Judge on 17.12.2007. The applicant is the widow of a victim who met with accidental death on account of driving of police Jypsy No. MH -34-8168 driven by respondent no.2. After completion of investigation police filed A-summary which is accepted by the learned Magistrate without issuing any notice to the applicant. Notice of this application has been served on respondent no.2, however, none appears for respondent no.2. Respondent no.1 is represented by learned A.P.P. Learned Magistrate ought to have issued notice to the applicant before deciding whether he should grant summary or not. The impugned order is therefore, quashed as also the revisional order passed by the learned Sessions Judge dismissing the applicant's revision. Learned Magistrate shall hear the applicant on the question of grant of summary for which purpose the applicant shall appear before the learned Magistrate on 15.12.2008. Application stands disposed of. JUDGE smp.