Neutral Citation No. - 2025:AHC:140476 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7003 of 2025 Petitioner :- Gir Raj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raghvendra Pratap Singh,Ganesh Mani Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner and learned AGA for the State. The instant petition has been filed seeking the following relief:- "I. Issue a direction in suitable nature to set aside the impugned order dated 25.04.2025 passed by learned Court of Additional Session Judge/Special Judge (Dacoity Affected Area), Budaun in Criminal Misc. Case No. 1342 of 2024 (Giriraj Vs. Veerpal and others), under section 309 B.N.S., Police Station Binawar, District Budaun." It has been submitted by learned counsel for the petitioner that the petitioner lodged a complaint in the Court of Additional District Judge/Special Judge (Dacoity Affected Area), Court No. 5, Budaun wherein cognizance was taken and the statement of the complainant was recorded under Section 223 BNSS and further date was fixed for recording the statement under Section 225 BNSS. Subsequently, the case was transferred to the Court of Additional Sessions Judge/Special Judge (Dacoity Affected Area), Badaun, the same was dismissed due to non appearance of the complainant. It has been submitted by learned counsel for the petitioner that the petitioner shall suffer irreparable loss if the complainant is not heard. Under the circumstances, the order dated 25.04.2025 is hereby set aside and the matter is remitted back to court concerned to decide the matter on merit after affording opportunity of hearing to both the parties, expeditiously in accordance with law. With the aforesaid observations, the petition is disposed of. Order Date :- 18.8.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad