KRISHNA KHAREL v. STATE OF SIKKIM AND ORS.
Court: High Court of Sikkim
Bench: HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN
Judgment date:
Case summary
High Court of Sikkim judgment dated 2024-04-02. KRISHNA KHAREL v. STATE OF SIKKIM AND ORS. Read the judgment and case details on LawSphereX.
Judgment text
Court No. 3 HIGH COURT OF SIKKIM Record of proceedings Crl. M. C. No. 01 of 2024 KRISHNA KHAREL .... PETITIONER VERSUS STATE OF SIKKIM & ORS. .... RESPONDENTS Date: 02. 04. 2024 CORAM HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J. For Petitioner : Mr. Karma Thinlay, Senior Advocate with Mr. Zamyang Norbu Bhutia, Advocate. Mr. Chetan Sharma, Advocate. For Respondents : Mr. Zangpo Sherpa, Additional Advocate General. Mr. Mohan Sharma, Advocate. Mr. Shakil Raj Karki, Assistant Government Advocate. ………… On 28. 03. 2024 this Court, after hearing the learned Senior Counsel for the petitioner, in the presence of the learned Additional Advocate General had passed an Order granting the respondent two days time to place the necessary documents relating to this case to enable this Court to take an appropriate call in the matter. The learned Senior Counsel had raised an important point. It was submitted that the impugned Order dated 12. 03.
2024 was not preceded by the mandatory show cause notice which ought to have been issued and served. The learned Additional Advocate General having accepted the notice on behalf of the respondents on 28. 03. 2024 fairly submits that in fact no such notice had been served upon the petitioner. Therefore, the respondents shall withdraw the impugned Order dated 12. 03. 2024 by the end of the day. In view of the specific undertaking by the learned Additional Advocate General, nothing remains in this Crl. M. C. No. 01 of 2024 which is accordingly disposed of as above. Pending interim application also stands disposed. Judge Index: yes/No to/ Internet: yes/No
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