Neutral Citation No. - 2025:AHC:33745 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1734 of 2025 Petitioner :- Irshad Ahmad Respondent :- State of U.P. and Another Counsel for Petitioner :- Virendra Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Virendra Kumar Shukla, learned counsel for the petitioner and learned AGA for the State. 2. The writ petition has been filed seeking the following relief:- "a) set aside the impugned order dated 20.12.2024 passed by Sessions Judge, Jaunpur in Criminal Misc. Case No. 151 of 2023 (Irshad Ahmad Versus State of U.P. and others) and order dated 19.08.2023 passed by Civil Judge J.D. (Fast Track Court/Offence against Women), Jaunpur in Case No. 12 of 2021 (Haseena Bano Versus Irshad Ahmad) (Annexure No. 6 and 3 respectively to this petition)." 3. It is the case of the petitioner that an appeal has been preferred at the behest of the petitioner for challenging ex-parte order dated 06.11.2023 passed in Case no. 12 of 2021 (Haseena Bano Vs. Irshad Ahmad in pursuance to Section 12 of the Protection of Women from Domestic Violence Act, 2005. 4. Learned counsel for the petitioner submitted that the appeal preferred with delay condonation application under Section 5 of the Limitation Act and as such the matter was registered as Criminal Misc. Case No. 151 of 2023, wherein notices have been issued to respondent no. 2 but the same was unserved and thereafter publication of notice has been made for ensuring service of notice upon respondent no. 2, but in spite of the same, none appeared either in person or through counsel at the behest of respondent no. 2 before learned Court of Session Judge, Jaunpur in Criminal Misc. Case No. 151 of 2023. It is further submitted by learned counsel for the petitioner that learned Court of Session Judge, Jaunpur failed to presume the service of notice after publication and decided the application preferred under Section 5 of the Limitation Act against the petitioner by way of rejecting the same vide order dated 20.12.2024 through invariably the right to appeal available before the petitioner has been curtailed and the order dated 20.12.2024 put under challenge through the instant petition. 5. Without interfering in the merit of the matter, the propriety of law demands that if in any case the objection to the application preferred under Section 5 of the Limitation Act has not been received and the delay caused in filing the appeal/revision/any matter which required to be preferred during period of limitation be proceeded on merits. In the instant matter the adjudication made over the delay condonation application directly and adversely effecting the rights of the petitioner to be heard on merits over the appeal preferred by the petitioner for challenging ex-parte order dated 06.11.2023 during proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005. 6. Be that as it may, it is crystal clear that merit of the appeal has never been discussed while passing order dated 20.12.2024 passed by learned Session Judge, Jaunpur and as such order dated 20.12.2024 is hereby set-aside. Matter is remanded back to the learned Session Judge, Jaunpur for deciding the appeal preferred at the behest of the petitioner by way of condoning the delay on its own merits, however one more opportunity be extended in favour of respondent no. 2 by way of issuing notices over which the petitioner is hereby directed to take proper steps for ensuring service of notice upon respondent no. 2. 7. The above mentioned exercise shall be completed preferably within a period of 4 months from the date of production of certified copy of this order. 8. The writ petition stands allowed accordingly. Order Date :- 7.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad