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2025 DAILYLAW 27879 (ALL)

BRIJESH v. STATE OF U.P. AND ANOTHER

NA528/8707/2025 · 2025-04-07

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50936 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 8707 of 2025 Applicant :- Brijesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Krishna Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Amit Krishna, learned counsel for the applicant, Mr. Sushil Shukla, learned counsel for the opposite party no.2 and learned AGA for the State. The present application has been filed assailing the order dated 01.02.2025 vide which the adjournment application moved by the applicant has been rejected. Learned counsel for the applicant submits that impugned order dated 01.02.2025 has been passed in a mechanical manner without application of judicial mind as for the first time, adjournment was sought on the personal ground. Therefore, the same may be set aside. On the other hand, learned counsel for the opposite party no.2 does not dispute the prayer as made by counsel for the applicant and, however, states that only one opportunity should be given to the applicant to cross examine PW-1; Ranjeet Singh Randhawa. With the consent of learned counsel for the parties, this application is being finally disposed of at this stage without calling for further affidavit. In view of the above, the impugned order dated 01.02.2025 passed by the court concerned is set aside. As 18.04.2025 has already been fixed as the date in the matter, this application is disposed of with a direction that the applicant is permitted to cross examine PW-1; Ranjeet Singh Randhawa before the court concerned on the said date, i.e. 18.04.2025. Order Date :- 8.4.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad