Abhishek Kumar Sharma vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 11572 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- CRIMINAL REVISION No. - 392 of 2023
 

 
Revisionist :- Abhishek Kumar Sharma
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
 
Counsel for Revisionist :- Dheeraj Awasthi,Krishna Kant Yadav,Mayank Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard Sri Mayank Dwived, learned counsel for the revisionist, Sri Girijesh Dwivedi, learned A.G.A. for the State and perused the material placed on record.

Instant revision has been filed with prayer to allow the revision and set aside the impugned judgment and order dated 12.01.2023 passed by the Learned additional Sessions Judge, First, Lucknow in Appeal No. 192 of 2019 and order dated 14.05.2019 passed by the learned chief Judicial Magistrate, Court No. 6, Lucknow in Complaint Case No. 1069 of 2016.

Pure question of law is involved in this matter and as such the notices to opposite party no. 2 is hereby dispensed with.

Learned counsel appearing for the revisionist submits that the appeal of the revisionist has been dismissed by the trial court vide order dated 12.01.2023, which assails the perversity and erroneousness and that too is against the provisions of law. He submits that the appeal under section 29 of Protection of Domestic Violence Act, 2005 has been dismissed in default, though, it is settled law that no appeal can be dismissed in want of prosecution and further added that the none appearance of the counsel for the appellant was not deliberate but due to unavoidable circumstances. He thus, submits that the order passed on 12.01.2023 may be set aside and the matter may be remanded back for hearing of the appeal on merits.

Learned counsel for the State has no objection to the contention aforesaid.

Considering the submissions above said, it is apparent that the appeal of the revisionist has been dismissed for want of prosecution and thus, the appellant has been left remedy less.

In view of the aforesaid, the order dated 12.01.2023 passed by Learned Additional Sessions Judge, First, Lucknow is hereby set aside and the Appeal No. 192 of 2019 pending before the trial court is restored.

The trial court is directed to hear the appeal and pass the order after hearing of the parties concerned.

In view of the aforesaid observations, the instant revision is hereby allowed.

Order Date :- 18.4.2023

Mayank