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2025 DAILYLAW 160566 (ALL)

SHYAM SHEKHAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/7135/2025 · 2025-08-28

Shree Prakash Singh

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7135 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:- "i. to quash the order dated 19.02.2025 passed by Sessions Judge, Lucknow in Criminal Appeal No.51 of 2025 "Shyam Shekhar Vs. State of U.P. and another, in the interest of justice, further directing the learned court below to hear and decide the criminal appeal on merits." 3. Learned counsel for the applicant submits that on 04.07.2024, an order was passed in Habeas Corpus Writ Petition No.123 of 2024, wherein the petitioner was at liberty to avail the remedy under the Juvenile Justice (Care and Protection) Act. He added that the remedy is to file an appeal against the order passed by the Child Welfare Committee and the applicant moved an appeal bearing Criminal Appeal No.51 of 2025, which was dismissed vide order dated 19.02.2025 as the applicant could not appear under certain misconception of the date fixed by the trial court. He submits that in the ends of justice, the order dated 19.02.2025 may be set aside and the matter may be heard on merits by the trial Versus Counsel for Applicant(s) : Farhan Alam Osmany, Abdul Muqeet Khan, Nighat Osmany Counsel for Opposite Party(s): G.A. Shyam Shekhar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) court. 4. Learned Counsel appearing for the State has no objection to the aforesaid contention. 5. Considering the submissions of learned counsel for the parties and to meet the ends of justice, the order dated 19.02.2025 is hereby set aside. 6. Matter is remitted back to the trial court concerned to decide the matter on merits while hearing all the concern. 7. The applicant is directed to remain present and to press the appeal on the date fixed by the trial court. 8. With the aforesaid observations, the instant application is hereby disposed of. August 28, 2025 Mohd. Sharif A482 No. 7135 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench