Neutral Citation No. - 2025:AHC:78802 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4929 of 2025 Petitioner :- Rajjan Babu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Yadav,Upendra Bharti Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed seeking the following relief:- "(i) issue an order or direction to set aside the order dated 26.11.2024 passed by the Session Judge, Etawah in Criminal Misc. Case No. 277 of 2024 (Rajjan Babu Vs. State & Others) & Order dated 18.12.2023 passed by the Additional Chief Judicial Magistrate, Room No. 4, Etawah in Criminal Case No. 98 of 2023. (ii) Issue any other suitable writ, order, direction as this Hon'ble Court, may deem just and proper under the circumstances of the present case. (iii) To award the costs of the writ petition in favour of the petitioner." It has been submitted by the learned counsel for the petitioner that the respondent- accused have been discharged in an NCR registered against them u/s 323, 504 IPC on the ground that the petitioner did not appear for last 10 years to adduce evidence. It has been further submitted that the petitioner had no knowledge of the summons and a cross case in the same matter i.e. Case Crime No. 345 of 2012, P.S. Bakewar, District Etawah (Sate Vs. Rajjan Babu and Others) u/s 323, 506 IPC is pending decision. Considering the aforesaid facts and circumstances and in the interest of justice, the order dated 18.12.2023 is hereby set aside directing the court concerned to restore the proceedings in the aforesaid matter after giving notice. The parties shall cooperate and participate in the trial proceedings for expeditious disposal. The petition is accordingly, allowed. The petitioner shall ensure his participation in the court proceedings and shall not seek unnecessary adjournments. Order Date :- 14.5.2025/Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad