Court No. - 85
Case :- APPLICATION U/S 482 No. - 14693 of 2021 Applicant :- Manraj Kanaujiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed with a prayer to to quash the order summoning order dated 7.02.2019 passed by Addl. Sessions Judge/ FTC, Court-II, Sant Kabir Nagar in S.T. No. 197 of 2017 (State Vs. Manraj Kanaujiya) arising out of case crime No 1498 of 2017, under section 406, 376, 504, 506 IPC, P.S. Dhanghata, District Sant Kabir Nagar.
The contention of the learned counsel for the applicant is that while disposing the application of the applicant, court below without providing proper opportunity to the applicant has passed and ex-parte order. Submission is that the the applicant should also be provided opportunity to raise his grievances before the court concerned.
Considering the facts and circumstances of the case, this court feels that an adequate opportunity should be provided before passing of such orders. Hence, the impugned order dated 7.2.2019 is set-aside and the application is partly allowed and matter is remanded back to the court below to pass appropriate orders in the interest of justice without granting any unnecessary adjournments preferably within a period of one week to either of the parties, in accordance with law.
Order Date :- 28.10.2021 RPD