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Head Note

Indian Penal Code,1860  - Section 498-A , Section 304-B , Section 34 , Section 302

Appeal against Judgement and Order of High Court - Remand matter to High Court for fresh disposal - Appellant filed a complaint against respondents which was registered as FIR - Subsequently charges were framed u/S- 498-A, 304-B r/w Sec-34 and Sec- 302 IPC - Case was listed before Shri. S.N. Dhingra, Additional Sessions Judge for trial - However learned Judge recused from hearing matter for personal reasons - Case was withdrawn and transferred - Eventually accused respondents were tried and acquitted - Aggrieved appellant preferred revision petition before High Court same was dismissed by learned Judge, Shri. Justice S.N. Dhingra - It is apparent that earlier refusal of case at trial by learned Shri Justice S.N. Dhingra himself was not brought to his notice in revision petition before High Court by either of the parties to the case - Therefore Shri Justice S.N. Dhingra owing to inadvertence regarding his earlier refusal and dismissed revision petition - Impugned Judgment is against principle of natural justice and fair trial - Justice must not only be done but must also appear to be done - Impugned Judgment and Order set aside - Remand matter to High Court for fresh disposal.

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