Court No. - 91

Case :- APPLICATION U/S 482 No. - 4306 of 2022

Applicant :- Mohd. Shahzad

Opposite Party :- State Of U.P.And 4 Others

Counsel for Applicant :- Sayeed Saif Ullah,Sufia Saba

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Ms. Sufia Saba, learned counsel for the applicant, Sri

Arvind Kumar, learned AGA for the State and perused the

record of the case.

By way of present application, the applicant made prayer to

quash the order dated 23.09.2021 passed by Additional

Principal Judge, Family Court, Saharanpur in Case No. 171 of

2015 (Mohd. Javeed and others Vs. Mohd Shahzad), under

Section 125(3) Cr.P.C., Police Station Chiklana, District

Saharanpur.

Learned counsel for the applicant submitted that impugned

order dated 23.09.2021 has been passed in absence of the

applicant as, the applicant on that date could not appear before

the court concerned, therefore, it is necessary to give an

opportunity to the applicant to appear before the court

concerned and concerned court below shall decide his

objection.

Perusal of the order dated 23.09.2021 shows that on that date

when the applicant failed to appear, then his o