Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 178390 (ALL)

DR. RAJESH PRATAP GIRI v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/2738/2022 · 2025-11-03

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 2738 of 2022 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. appearing for the State-opposite party no.1 and Sri Dhirendra Pratap Singh, learned counsel appearing for opposite party no.2 and perused the record. 2. The present application has been filed for setting aside the order dated 18.02.2022 passed by the 1st Additional Sessions Judge, Raebareli in Criminal Revision No.135 of 2021, Dr. Anshuman Singh Vs. State of U.P. and another. 3. The sole point which has been argued by the learned counsel for the applicant, is that the revisional court passed the impugned order without affording any opportunity of hearing to the applicant. He has also annexed the order-sheet, which also indicates that applicant has not put in appearance and he has not been afforded any opportunity of hearing before passing the impugned order. Therefore, submission is that the impugned order cannot be sustained in the eyes of law and it is liable to be set aside. 4. On the other hand, learned counsel for opposite party no.2 has disputed the aforesaid submission and has submitted that the order-sheet indicates that notices which were issued to the applicant, were not returned. However, he is unable to point out that at any point of time, the applicant was given opportunity of hearing by the revisional court before passing the impugned order. Versus Counsel for Applicant(s) : Abdul Samad, Sonu Gupta, Syed Mohammad Abid Counsel for Opposite Party(s) : G.A., Dhirendra Pratap Singh Dr. Rajesh Pratap Giri .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) 5. Since both the parties have admitted the fact that opportunity of hearing was not afforded to the applicant before passing the impugned order, therefore, without entering into the merits of the case, the matter is remanded to the concerned revisional court, which will pass a reasoned and speaking order in accordance with law within a period of four weeks from the date of appearance of both the parties before it, after affording opportunity of hearing to both the parties to adduce evidence and put their case properly. The parties will appear before the revisional court on 14.11.2025. 6. Subject to above noted terms, application is allowed and the impugned order 18.02.2022 passed by the 1st Additional Sessions Judge, Raebareli in Criminal Revision No.135 of 2021, Dr. Anshuman Singh Vs. State of U.P. and another, is set aside. November 3, 2025 Rao/- A482 No. 2738 of 2022 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench