HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10099 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. For the order proposed to be passed, the notice to the opposite party No.2 is dispensed with. 3. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "(i) To quash the order dated 30-10-2025 passed by Additional District & Session Judge 1st Lakhimpur Kheri in S.T. No. 294/2022 u/s 307/506 I.P.C state Vs Pratap and others of P.S. Phool Behed District-Lakhimpur Kheri pending in the court of ADJ 15 Kheri in the interest of Justice." 4. By means of the order, under challenged, dated 30.10.2025, passed in S.T. No.294/2022 (State Vs. Pratap and others), under Sections 307/506 I.P.C., Police Station-Phool Behad, District-Lakhimpur Kheri, the Additional District and Session Judge-Ist, Lakhimpur Kheri (in short "Trial Court") has allowed the application dated 08.10.2025, preferred by the prosecution under Section 348 of BNSS, 2023 akin to Section 311 Cr.P.C. (now repealed) in response to which the objection dated 30.10.2025 was filed. The order dated 30.10.2025, in issue, is extracted herein under :- "30-10-2025 वाद पुकारा गया। अिभ०गण उपिĥथत। ĥवयं/अिभ० गण की ओर से आपिǥ Šĥतुत । िदनांक 17-11-2025 को वाĥते िनĥतारण Šा०पś 19 ख पेश हो । बादɸ वाद पुकारा गया। अिभयुǘगण की ओर से 21 ख आपिǥ पś Šĥतुत। Šा० पś 19 ख पर सुना ĥवीकृ त। Versus Counsel for Applicant(s) : Lalla Ji Maurya Counsel for Opposite Party(s) : G.A. Pratap And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) वाद िद० 17-11-2025 के वाĥते शेष साĨय पेश हो। साWी हिरनाम िसह पुś परागी लाल साĨय हेतु जिरये सĞमन तलब हो । ए०डी०जे०-1 ह० अपिठत" 5. The order dated 30.10.2025, whereby the Trial Court has allowed the application under Section 348 of BNSS, 2023 akin to Section 311 Cr.P.C. (now repealed) has been assailed on following two grounds :- (i) Proper opportunity of hearing was not given to the accused. (ii) The order impugned is non speaking and unreasoned order. 6. Upon due consideration of the order, in issue, as also the copy of the objection on record as Annexure No.6 to the present application, as also the observations made by the Hon'ble Apex Court in the case of State (NCT of Delhi) Vs. Shiv Kumar Yadav and another, (2016) 2 SCC 402; Swapan Kumar Chatterjee Vs. Central Bureau of Investigation, 2019 (14) SCC 328, Hanuman Prasad (Supra), Natasha Singh vs. CBI, (2013) 5 SCC 741 : (2013) 4 SCC (Cri) 828 : 2013 SCC OnLine SC 444, State of Haryana vs. Ram Mehar and others; (2016) 8 SCC 762, Swapan Kumar Chatterjee vs. Central Bureau of Investigation, (2019) 14 SCC 328; Varsha Garg vs. State of Madhya Pradesh and Others; 2022 SCC OnLine SC 986 and as also by this Court in Application under Section 482 Cr.P.C. No. 274 of 2022 (Ram Nayak Singh vs. State of U.P. & Another), this Court finds that interference in the matter is required as neither the proper opportunity was given nor order in issue is a speaking order. 7. Accordingly, the application is allowed. 8. The order dated 30.10.2025, passed by the Additional District and Session Judge-Ist, Lakhimpur Kheri in S.T. No.294/2022 (State Vs. Pratap and others), under Sections 307/506 I.P.C., Police Station-Phool Behad, District- Lakhimpur Kheri is hereby set aside. 9. The matter is remanded back to the Trial Court concerned for passing a reasoned and speaking order afresh, on the application aforesaid as per law. December 8, 2025 ML/- A482 No. 10099 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench