Court No. - 49
Case :- CRIMINAL REVISION No. - 1568 of 2021 Revisionist :- Khan Mohammad Opposite Party :- State of U.P.
Counsel for Revisionist :- Suneel Kumar Mishra,Amit Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Heard Sri Suneel Kumar Mishra, learned counsel for revisionist/petitioner.
Petitioner is aggrieved of the order dated 13.05.2019, passed by learned Additional Chief Judicial Magistrate, Khurja, District- Bulandshahar in F.R./Misc. Case No. 230 of 2019 (Khan Mohammad vs. Unknown), on the ground that F.R. was presented to the court on 06.03.2019. Court had directed for issuance of notices, fixing next date as 14.04.2019. On 14.04.2019, case was adjourned, as complainant was not present. On 02.05.2019, complainant was present and case was fixed for 06.05.2019. On 06.05.2019, counsels were abstaining from work and therefore, protest petition could not be filed, but on 13.05.2019, impugned order has been passed.
Learned counsel for petitioner has though not mentioned this fact in the affidavit, but orally submits protest petition was ready and it was to be filed on 13.05.2019, but when the counsel reached the court, it was informed that impugned order was already passed. However, the fact is that petitioner has a right to file protest petition and the court concerned has acted in hurry and has passed impugned order overlooking the fact that on the intervening date i.e., 06.05.2019, counsel were abstaining from work and the complainant was present in the court and therefore, no adverse orders should be passed on 13.05.2019. Order dated 13.05.2019 is quashed, subject to payment of cost of Rs. 2,000/-, to be deposited in the District Legal Services Authority, Khurja, Bulandshahar by the complainant. Complainant shall now appear before the concerned court on 05.08.2021 with a computer generated copy of this order, downloaded from the official website of High Court, Allahabad, in P.D.F. form along with this protest petition and if such protest petition is filed, then court shall consider it and shall decide acceptance or denial of F.R. on its own merits.
In above terms, petition is disposed off.
Order Date :- 28.7.2021 Vikram/-