Court No. - 67
Case :- APPLICATION U/S 482 No. - 2371 of 2019 Applicant :- Durga Shankar Sharma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pradeep Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Ms. Asha Parihar, Advocate filed vakalatnama on behalf of the opposite party no.2 today is taken on record.
Heard learned counsel for applicant, Ms. Asha Parihar, learned counsel for the opposite party no.2 and leaned AGA for the State.
By means of the present application, the applicant is seeking quashing the order dated 23.11.2018 passed by 12th Additional Sessions Judge, Kanpur Nagar in Crl. Revision No. 143 of 2017 and the order dated 01.03.2017 passed by learned C.M.M., Kanpur Nagar on discharge application no. 15.12.2016 in case no. 3048 of 2015 arising out of case crime no. 246 of 2014, under Sections 498A, 323 and 506 IPC, P.S. Rail Bazar, District Kanpur Nagar pending the court of C.M.M., Kanpur Nagar.
Submission made by learned counsel for the applicant is that the learned Magistrate has decided the discharge application without affording any opportunity of hearing to him behind his back and learned revisional court too has confirmed the order of learned Magistrate dated 23.11.2018.
I have gone through the impugned order and it is culled out that the matter was pasted before the court concerned twice. On one occasion he has given adjournment application on the ground of illness and on second occasion there was strike of lawyers, ignoring all these factors learned Magistrate has decided the discharge application on merits. The only contention raised by the applicant is that opportunity of hearing is not afforded to him.
Under the circumstances, the impugned order dated 23.11.2018 is set aside with the direction that the learned Magistrate would decide the matter afresh within a period of 15 days from the date of production of certified copy of this order after affording opportunity of hearing to both the parties strictly in accordance with law.
With the aforesaid observation the application is disposed of.
Order Date :- 21.1.2019 Abhishek Sri.