Partly allowed

Rituraj v. State of U.P. and 2 Others

Allahabad HC14 Jul 2022CRLA/2293/2022

Case brief

AI extract

What is this about?

The High Court, Criminal Appeal No. 2293 of 2022, set aside an impugned order appointing a date without notice to the appellant. The matter was remanded to the subordinate court to fix a date in the appellant's presence and decide it within one opportunity.

What did the court decide?

Impugned order dated 25.02.2022 set aside; matter remanded to lower court to fix date in presence of appellant and decide within one opportunity.

Rituraj Vs State of U.P. and 2 Others — Constitutional and Fundamental Rights | Allahabad HC (2022)

¶1

Court No. - 89 Case :- CRIMINAL APPEAL No. - 2293 of 2022 Appellant :- Rituraj Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Rajesh Kumar Nishad Counsel for Respondent :- G.A.,Diwakar Tiwari,Gyanendra Singh

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Hon'ble Karunesh Singh Pawar,J.

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Short counter affidavit filed by learned counsel for respondent no. 2 and 3 is taken on record.

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Heard learned counsel for the appellant and learned A.G.A. for the State as well as learned counsel for respondent no. 2 and 3.

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Short submission of learned counsel for the appellant is that initially he filed an application under Section 156(3) Cr.P.C. on which report was called on the concerned police station and the matter was fixed for 28.01.2022. On 28.01.2022 adjournment was sought and considering the adjournment request the matter was fixed for 16.02.2022. On 16.02.2022 the appellant gave an adjournment application which was allowed with a cost of Rs. 100/- and the matter was fixed for 04.03.2022.

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It is further submitted on behalf of the appellant that date of 04.03.2022 was fixed in his presence, however, for some reason the same was preponed to 25.02.2022. The appellant had no knowledge about the preponment of date and hence, could not appear.

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Learned counsel for the appellant requests that he may be given one last opportunity to appear before the learned court below and press the application under Section 156(3) Cr.P.C.

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Learned A.G.A. has no objection to this innocuous prayer.

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Learned counsel for respondent no. 2 and 3 has opposed the prayer of learned counsel for the appellant.

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On due consideration to the argument advanced as well as perusal of the record and considering the fact that certified copy of the order sheet which is on record shows that on right side of the order sheet 04.03.2022 is written and on which there is over-writing/cutting and the argument of learned counsel for the appellant is that the date was preponed without notice to him, prima facie appears to have some force. Accordingly, in the interest of justice, the impugned order dated 25.02.2022 is set aside.

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The matter is remanded to learned court below who shall fix a date in presence of the applicant as well as his counsel and shall provide only one opportunity by fixing a date and shall proceed to decide the matter.

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In view of the aforesaid observations, the appeal is disposed of. Order Date :- 14.7.2022 RC

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Digitally signed by RAM CHANDER YADAV Date: 2022.07.15 17:11:32 IST Reason: Location: High Court of Judicature at Allahabad

Rituraj v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rituraj v. State of U.P. and 2 Others

Case brief

What is this about?

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