The High Court has a duty to consider petitions filed under Section 482 of the CRPC on their own merits, after hearing both parties and considering all contentions, including the maintainability of the petition itself.

ORDER

1. LEAVE GRANTED.

2. THE HIGH COURT HAS PASSED THE IMPUGNED ORDER, REJECTING THE PETITIONS OF THE APPELLANT MADE UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE (FOR SHORT "CRPC"). IN THE IMPUGNED ORDER, IT IS STATED THUS:

"AFTER HAVING CAREFULLY GONE THROUGH THE MATERIAL ON RECORD AND THE E FACTS AND CIRCUMSTANCES, I FIND NO GROUND FOR ANY FURTHER INTERFERENCE OF THIS COURT MORE SO IN VIEW OF THE FACT THAT THE PETITION UNDER SECTION 482 CRPC FILED BY OTHER CO-ACCUSED AGAINST THE SAME ORDER HAS ALREADY BEEN DISMISSED BY THIS COURT VIDE ORDER DATED 31-3-2003 WITH THE DIRECTIONS FOR EXPEDITING THE TRIAL. THE MISCELLANEOUS PETITIONS ARE DISMISSED F ACCORDINGLY AS HAVING NO MERIT."

3. AS IS EVIDENT FROM WHAT IS EXTRACTED ABOVE FROM THE IMPUGNED ORDER, THE HIGH COURT DID NOT CONSIDER THE CASE OF THE APPELLANT ON MERITS. THE PETITIONS FILED BY THE APPELLANT UNDER SECTION 482 CRPC WERE DISMISSED MERELY ON THE GROUND THAT THE PETITION FILED BY THE CO-ACCUSED AGAINST THE SAME ORDER HAD BEEN DISMISSED.

4. IN OUR VIEW, IT IS JUST AND APPROPRIATE THAT THE HIGH COURT DISPOSES OF THE PETITIONS FILED BY THE APPELLANT UNDER SECTION 482 CRPC ON ITS OWN MERITS, AFTER HEARING BOTH THE PARTIES. ALL THE CONTENTIONS OF THE PARTIES ARE LEFT OPEN TO BE URGED BEFORE THE HIGH COURT, INCLUDING THE MAINTAINABILITY OF THE PETITION ITSELF.

5. THE APPEALS ARE DISPOSED OF ACCORDINGLY.