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Judgment
Leave granted.
On 26.08.2016, following order was passed:
"The submission of learned counsel for the petitioner is that before passing orders under Section 122(1)(b) of the Code of Criminal Procedure and awarding punishment of six months'' imprisonment, no show cause notice was issued nor any hearing was given to the petitioner. He, thus, submits that the procedure as contained in Section 122 has not been followed.
Learned counsel for the respondents wants one week''s time to seek instructions.
List the matter on 2nd September, 2016."
Learned counsel for the respondents makes a statement, on instructions, that before passing the impugned order no show cause notice was issued to the appellant nor any hearing was given to him. The order, thus, was clearly in violation of the procedure contained in Section 122 of the Code of Criminal Procedure, 1973 and is also against the principles of natural justice.
We, accordingly, quash the impugned order. As a consequence, the appellant shall be released from custody forthwith.
The Criminal appeal is disposed of accordingly.