Neutral Citation No. - 2025:AHC:131709 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 1916 of 2025 Petitioner :- Bahadur And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Maurya Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Mr. Pradeep Mishra, learned counsel for the petitioner, learned AGA for the State and perused the record. The instant petition has been filed seeking the following reliefs:- "1. Set-aside/Anal the Impugned Summoning Order dated 12/02/2020 (Annexure No.1) issued by the learned Judicial Magistrate, Azamgarh, Passed in Complaint Case No. 4173 of 2019 (Nohar Chauhan Vs. Bahadur Chauhan and Others0 Under Section 304-B, 498-A I.P.C. ad Section 3/4 D.P. Act Police Station Rani Ki Sarai, district Azamgarh, as well as Impugned Order dated 12/12/2024 (Annexure No. 2) Passed by the learned Additional Session Judge Court No. 3 Azamgarh Passed in Criminal Misc. Case No. 33 of 2023 (Ram Autar Vs. State of U.P. and Another) including the entire proceeding initiated against the Petitioners arising out of Complaint Case No. 4173 of 2019 (Nohar Chauhan Vs. Bahadur Chauhan and Others) Under Section 304-B, 498-A, I.P.C. and Section 3/4 D.P. Act Police Station Rani Ki Sarai, district Azamgarh, pending in the Court of learned Judicial Magistrate, Azamgarh." It has been submitted by learned counsel for the petitioners that the petitioners have been summoned to face the trial under Section 304B, 498-A I.P.C., and Sections 3/4 of D.P. Act, Police Station Rani Ki Sarai, District Azamgarh in Complaint Case No. 4173 of 2019 (Nohar Chauhan Vs. Bahadur Chauhan and Others) vide summoning order dated 12.03.2024 passed by the learned Judicial Magistrate, Azamgarh. Against the said order, the petitioners preferred a revision, which was rejected on 12.12.2024 on the ground of the delay. It has been further submitted by learned counsel for the petitioners that the trial court dismissed the delay condonation application without application of mind in a mechanical manner, filed along with the revision due to which the petitioner shall suffer irreparable loss. Considering the facts and circumstances of the case and in the interest of justice, the order dated 12.12.2024 passed by the learned Additional Sessions Judge, Court No. 3, Azamgarh, is hereby set aside and the matter is remitted back to the Court concerned to reconsider the matter after condoning the delay and pass a fresh order after giving opportunity of hearing to both the parties in accordance with law, if there is no other legal impediment. With the aforesaid observations, the petition is allowed. Order Date :- 5.8.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad