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2025 DAILYLAW 45458 (ALL)

SMT PARVEEN JAHAN v. STATE OF U.P. AND 5 OTHERS

SPLA/330/2025 · 2025-04-22

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60988-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 330 of 2025 Appellant :- Smt Parveen Jahan Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Brijesh Kumar Pandey,Zafeer Ahmad Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This special appeal arises out of an order passed by learned Single Judge 18.3.2025 in a writ petition of the year 2009. It transpires that the counsel for the petitioner had not appeared and the writ petition was dismissed by the learned Single Judge after going through the materials on record. 2. Various submissions are urged in order to state that counsel for the appellant could not appear for justifiable reasons and, therefore, the writ ought to have been dismissed at best for want of prosecution but should not have been decided ex-parte. 3. The submissions in that regard is opposed by learned Standing counsel. 4. Though we do not find much substance in the contention of the appellant, inasmuch when none has appeared on behalf of the writ petitioner and the petition otherwise was of the year 2009 the Court could have examined the matter on merits. However, since various submissions made on merits have not been dealt with, we permit the petitioner to withdraw this appeal and seek review of the judgment and order of the learned Single Judge. All issues raised with regard to observations of the learned Single Judge would be open for examination in application. 5. Subject to the liberty aforesaid, this appeal is consigned to records, at this stage. Order Date :- 23.4.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad