Court No. - 85
Case :- APPLICATION U/S 482 No. - 11999 of 2021 Applicant :- Mirza Arshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This application has been filed with a prayer to quash the order dated 8.3.2021 passed by Addl. Sessions Judge, Court No. 1, Meerut in Sessions Trial No. 1076 of 2017, under sections 498- A, 328, 304-B IPC and section 3/4 D.P. Act, arising out of Case Crime No. 164 of 2017, P.S. Delhi Gate, District Meerut.
From the perusal the record it appears that the impugned order dated 8.3.2021 has not been passed by a reasoned order. Learned counsel for the applicant has stated in his affidavit in paragraph no. 20 to 27 that the personal diary of the deceased was taken on record by the trial court but unfortunately no exhibit was marked on it.
Considering the same, the imputed order dated 8.3.2021 passed by learned Addl. Sessions Judge, Court No. 1 Meerut is quashed, this application is allowed and the case is remitted back to the court concerned, Meerut to pass a fresh order after well perusing the diary of the deceased.
Order Date :- 12.8.2021 RPD