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Yogendra Pratap Shahi v. State Of U.P. And Another - APPLICATION U/s 482 No. 15658 of 2005 [2005] RD-AH 6022 (18 November 2005)


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Court No.43

Criminal Misc. Application No. 15658 of 2005

Yogendra Pratap Shahi     vs. State of U.P. & another

Hon. K.N. Sinha, J.

Heard Sri Dharmendra Singhal, learned counsel for the applicant and the learned A.G.A.  

It appears that some miscellaneous application no. 202/2005 is proceeding before the Sessions Judge, Saharanpur at the instance of the opposite party no.2.  The applicant is the informant in the murder case of his son.  If any accused moves any petition for declaring him to be juvenile, the applicant has every right to actively participate therein.  The applicant has previously come up in the petition under section 482 Cr.P.C. wherein this Court directed opposite party no.2 to move application for determination of his age.  It was also directed that if the applicant moves application for getting accused examined, it shall be considered.   If applicant prays for adducing evidence or filing the copy of documents, he will be afforded full opportunity before passing any order on the application of the opposite party no.2.

Learned counsel for the applicant has also submitted that if he files copy, he may be given sometime for obtaining the copy.  Atleast ten days must be given to applicant for adducing the evidence from the date of presenting copy of this order before the court concerned.

It is the cordial principle of natural justice that no order should be passed without affording the opportunity to both the parties.

Thus, Miscellaneous application no.202/2005 shall be decided after affording opportunity to parties.

With these directions, the application under section 482 Cr.P.C. is disposed of finally.




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