AJEET PANDEY AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/14842/2025 · 2025-05-06
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50040 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50040 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 14842 of 2025 Applicant :- Ajeet Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atharva Dixit,Pranav Tiwary Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. The matter was heard on 07.05.2025.
2. After hearing Mr. Atharva Dixit, the learned counsel for applicants and the learned A..G.A. for State-opposite party-1, the present application was allowed and the order was dictated in open Court. However, at the time of signing of order, it was discovered that the first informant/opposite party-2 has not yet put in appearance in this application, therefore, if the present application is allowed without hearing the first informant/opposite party-2, the
order so passed by this Court shall be in-derogation of the law laid down by Apex Court in Kurukhsetra University Vs. State of Haryana, (1977) 4 SCC 451.
3. In view of above, the singing of the order is withheld.
4. Notice on behalf of State-opposite party-1 has been accepted by the learned A.G.A.
5. Issue notice to first informant/opposite party-2. Notice issued to first informant/opposite party-2 shall be made returnable on
28.05.2025. Notice shall further indicate that the matter shall re- appear for orders as fresh on 28.05.2025.
6. All the opposite parties may file their respective counter affidavits on or before the next date fixed.
7. Put up again for orders as fresh on 28.05.2025.
8. Considering the facts and circumstances of the case, as an interim measure, it is hereby provided that court below shall defer the proceedings in Session Trial No. 282 of 2024 (State of Uttar Pradesh Versus Ajeet Pandey and others) arising out of Case Crime No. 58 of 2024 under Sections 302/34 I.P.C. and Section 4/25 Arms Act, Police Station Saifani District Rampur, pending against accused/applicants to any further date subsequent to 28.05.2025.
Order Date :- 7.5.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad