Nidhi Jain vs State Of U.P. And 2 Others
2023 Latest Caselaw 24231 ALL

Citation : 2023 Latest Caselaw 24231 ALL
Judgement Date : 6 September, 2023

Allahabad High Court

Nidhi Jain vs State Of U.P. And 2 Others on 6 September, 2023

Bench: Neeraj Tiwari





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:175556
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 32938 of 2023
 

 
Applicant :- Nidhi Jain
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Ankit Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for the applicant and learned AGA.

2. The present 482 Cr.P.C. application has been filed to set aside the order dated 24.07.2023 passed by learned (Junior Division) Fast Track Court, Court No. 1, Ghaziabad in Case No. 599 of 2018, arising out of case crime no. 207 of 2016, "State Vs. Vibhor Jain and another", under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad.

3. Learned counsel for the applicant submitted that in Case No. 599 of 2018, informant-applicant has moved application dated 24.7.2023 before learned (Junior Division) Fast Track Court, Court No. 1, Ghaziabad for not producing her mother as witness before the Court. The said application was rejected by one word order dated 24.7.2023. He next submitted that it is prerogative to the parties to produce witness or not. In support of his contention, he has placed reliance upon paragraph 9 of the judgment of the Apex Court in the matter of Godrej Pacific Tech. Ltd. Vs. Computer Joint India Ltd.; 2008 (5) Supreme 679. He next submitted that learned Magistrate, without application of mind has passed one word order dated 24.7.2023 rejecting the said application, therefore, order is bad and liable to be set aside.

4. Learned AGA though opposed but could not dispute the aforesaid facts.

5. I have considered the submissions of learned counsel for the parties and perused the record. Upon application, there is only one word "Aswikrit" along with signature of learned Magistrate dated 24.7.2023, which clearly shows that learned Magistrate has passed order without application of mind. Therefore, order dated 24.7.2023 is hereby quashed and matter is remanded back to pass fresh order strictly in accordance with law after considering the judicial pronouncements, if any, produced before him, maximum within a period of one month from the date of production of certified copy of this order.

6. Accordingly, present 482 application is allowed. No order as to costs.

Order Date :- 6.9.2023

Arvind