2009 (5) TMI 570

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....ondent. [Order (Oral)]. - These application have been preferred by the applicants for quashing and setting aside the order dated 10-7-1989 passed by the learned Chief Judicial Magistrate, Baroda in Criminal Complaint Nos. 2 of 1988. Pursuant to the notice, the accused persons personally present before the learned Magistrate and after hearing the learned advocate for them and the orig. complaina....

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....erved through RPAD. But, in this case, there is endorsement to the effect that, the accused has refused to accept the notice and hence the learned Magistrate passed the order, Taking into consideration the above facts, in the opinion of this Court, before passing any order, an opportunity's required to be given to the petitioner as his valuable right is affected. 3.  In view of the above, ....