Jitendra Kumar vs State Of U.P. And 4 Others
2021 Latest Caselaw 1385 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 1268 of 2020
 

 
Appellant :- Jitendra Kumar
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Nitinjay Pandey
 
Counsel for Respondent :- C.S.C.,Amit Saxena (Senior Adv.),Shivendu Ojha
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

By this appeal, a challenge is made to the judgment dated 18.11.2020. It is precisely on the ground that the order was passed without service of notice on the appellant herein, thus, in his absence.

Learned counsel appearing for the non-appellant is fair to state that to redress the grievance of the appellant, let the matter be remitted back to the learned Single Judge for hearing afresh so that the merit of the case may be addressed again after hearing the appellant herein. The counsel for the appellant has an agreement to that.

Accordingly, the order dated 18.11.2020 is set aside.

The matter is remitted to the learned Single Judge and accordingly Writ Petition No. 18563 of 2020 be listed before the learned Single Judge on 09.02.2021, as fresh.

The appeal is disposed of.

Order Date :- 21.1.2021

V.S.Singh