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CASE NO.: Appeal (crl.)  154 of 2008

PETITIONER: State of U.P.

RESPONDENT: Heera Lal

DATE OF JUDGMENT: 22/01/2008

BENCH: ASHOK BHAN & DALVEER BHANDARI

JUDGMENT: JUDGMENT

O R D E R

CRIMINAL APPEAL NO.154 OF 2008 (Arising out of SLP(Crl.) No.98 of 2006)

       Delay condoned.

       Leave granted.         Respondent is not present in spite of service.  Ordered to be proceeded ex-parte.          Writ Petition No. 2049 of 2005 was filed in the High Court of Judicature at  Allahabad in the month of January/February, 2005.  The same was decided by the  High Court on 1st March, 2005.         In ground ’B’, appellant-State has stated that "the High Court did not allow the  petitioner State to file its counter affidavit and therefore the High Court failed to  take into consideration the subsequent proceedings after the order dated 7.12.2004  passed by the District Magistrate, Meerut".  This fact has not been rebutted as the  respondent has not put in appearance.

                       -2-         Taking the aforesaid fact to be correct, we accept this appeal; set aside the  impugned order of the High Court and remit the matter to the High Court for  decision afresh  in accordance with law after affording an opportunity to the  appellant-State to file its counter affidavit and  hearing.         The Appeal is allowed in the above terms.