Disposed

Mohd. Raja v. State of U.P. and 3 Others

Allahabad HC27 Jul 2023CRLP/19272/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition under Article 226, the High Court of Judicature at Allahabad declined to quash the S.D.M.'s order dropping proceedings for mutual absence. The petition was disposed of by directing the petitioner to move an application before the learned court justifying his non-appearance for consideration on merits.

What did the court decide?

Petitioner directed to move application before learned court explaining non-appearance for consideration on merits; writ petition disposed of.

Mohd. Raja Vs State of U.P. and 3 Others — Specific Performance | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:150499

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Court No. - 80

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Case :- CRIMINAL MISC. WRIT PETITION No. - 19272 of 2022

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Petitioner :- Mohd. Raja Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bed Prakash Rai Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material on record.

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The present writ petition under Article 226 of the Constitution of India has been moved with following prayers :-

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I- Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 17.08.2022 passed by the SubDivisional Magistrate, Tehsil Sirathu, District Kaushambi in Case Crime No.01810 of 2021 (Computerized Case No.T202102420401810) [State vs. Mohd. Raja] under Section 145 Cr.P.C., Police Station Karadham, District Kaushambi.

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II- Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to decide the aforesaid case on its merit.

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It is submitted that in this case the petitioner became absent from the date of hearing that was the reason order was passed by the learned S.D.M. and the proceedings were dropped. Therefore, requested to set aside the order passed by learned S.D.M. dated 17.08.2022.

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Learned A.G.A. opposed the prayer and urged that both the parties became absent on the date so fixed before the learned court concerned as a result proceedings were dropped by the learned S.D.M., therefore, order in question was passed on merits so it cannot be said to be unlawful but this petition being devoid of merit is liable to be dismissed.

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Considering the facts and circumstances of the case, submissions made by the parties and perusal of record as well as order in

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question dated 17.08.2022 passed by learned S.D.M. by which he dropped the proceedings on account of absence of parties, it is expedient to direct the petitioner to move an application before the learned court concerned with his excuse for non-appearance before the learned court concerned which will be considered by the learned court in accordance with law after giving opportunity of hearing to the parties.

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With the aforesaid direction, this writ petition is disposed of finally.

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Order Date :- 27.7.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Mohd. Raja v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Mohd. Raja v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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