Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 2565 of 2018 Petitioner :- Akshay Gupta Respondent :- Swati Gupta Counsel for Petitioner :- Ranjit Saxena
Hon'ble Saumitra Dayal Singh,J.
supplementary affidavit filed today, is taken on record. Heard learned counsel for the applicant.
The present application U/s 482 Cr.P.C. has been filed against the order dated 05.03.2018 passed in Misc. Case No. 12 of 2017 (Smt. Swati Gupta Vs. Akshay Gupta) by the Addl. Principal Judge, Family Court, Meerut under Section 125 Cr.P.C., by which the application filed by the present applicant to be permitted to be represented through his father on normal dates fixed (in the proceeding under Section 125 Cr.P.C. has been rejected.
The learned court below reasoned that there is no provision under the Cr.P.C. to allow any party to be represented through power of attorney.
Learned counsel for the applicant submits that the proceeding under Section 125 Cr.P.C. are basically a civil liability and therefore, the principle invoked by the learned court below may not be strictly applicable in the facts and circumstances of the case.
It is further submitted that the applicant resides at Mumbai and at present the proceedings are pending at the stage of evidence of the opposite party and therefore, the presence of the applicant on each date that may be fixed for that purpose is not necessary. It is further submitted that the applicant had already filed his written statement/objection and that the applicant shall appear in person at the stage of leading evidence in defence.
Also, learned counsel for the applicant states that applicant shall file an affidavit undertaking before the court below to be present in person on any particular date when the court may require his presence in person.
No useful purpose would be served in keeping this application pending or issuing notice to the opposite party in the matter. Leaving it open to the opposite party to recall this order. The present petition is disposed of with the following direction:
Subject to the applicant filing necessary undertaking within two weeks from today, the applicant may be permitted to be represented in the proceedings under Section 125 Cr.P.C. through his duly constituted power of attorney, except when upon a prior order, the learned court below may require the personal appearance of the applicant for any purpose after allowing at least 15 days time to the applicant to appear in person.
Order Date :- 25.4.2018 Lbm/-