Court No. - 45
Case :- MATTERS UNDER ARTICLE 227 No. - 9621 of 2018 Petitioner :- Vishwanath Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Sagar Singh,Ashok Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed for setting a sdie the impugned order dated 6.7.2018 as well as order dated 15.11.2018 passed by the Sub-Divisional Magistrate, Barhaj, District Deoria.
The submission is that notices of proceeding under section 145 Cr.P.C. were issued to the petitioners but it was not served upon them. The process server submitted his report on 12.6.2018 stating that notice has not been served. The process server requested that he may be given another notice for service. The order under section 146(1) Cr.P.c. has been passed on 6.7.2018, but applicant was not aware of the order and only when the proceedings for attachment was started, applicant came to know about the aforesaid order.
The application is disposed of directing the petitioners to file application for recall of the order dated 6.7. 2018 passed by the Sub-Divisional Magistrate, Barhaj, District Deoria in case no.T2018520041960. The Sub-Divisional Magistrate, Barhaj, District Deoria shall pass appropriate order on the application of the petitioners within a period of one month from the date of filing of the same.
Till the objection of the applicant is decided the order dated 6.7.2018 passed by Sub-Divisional Magistrate, Barhaj, District Deoria shall be kept in abeyance.
Order Date :- 20.12.2018 Atul kr. sri.