Court No. - 49
Case :- APPLICATION U/S 482 No. - 29449 of 2018 Applicant :- Ashok Kumar D. Singh Upadhyay Opposite Party :- State Of Up And Another Counsel for Applicant :- Vikas Srivastava,Ravi Pandey Counsel for Opposite Party :- G.A.,Ankit Saran
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and Sri Ankit Saran, learned counsel for the opposite party no2.
2. The present application has been filed to quash the order dated 4.5.2018 passed by Permanent Lok Adalat, Aligarh.
3. Consequent to the last order, learned counsel for the applicant has placed reliance on the provision of Section 22(3) of the Legal Services Authorities Act, 1987 to submit that the Lok Adalat or Permanent Lok Adalat are deemed to be civil court for the purpose of Section 195 Chapter 26 Cr.P.C. It does appear that the application filed before the Permanent Lok Adalat was maintainable.
4. As to the merits, it is seen that the Permanent Lok Adalat has, at present, rejected the application filed by the applicant under Section 340 Cr.P.C. for the reason that though the applicant has filed such application, he has yet not rebutted or denied the correctness of the stand taken by the respondent in the objection paper no. 11ka filed in PLA Case No. 121 of 2017.
5. From the above, it does appear that the Permanent Lok Adalat had left the issue of Section 340 Cr.P.C. open to be considered at the appropriate stage, if need arises.
6. In view of the fact that the applicant had not filed any replication to the objection giving rise to the application under Section 340 Cr.P.C. and further view of the fact that the proceeding in PLA Case No. 121 of 2017 is still pending, no interference is warranted at this stage.
7. The present application is thus disposed of with the observation that in the event, it appears to the Permanent Lok Adalat, at any subsequent stage that the inquiry/complaint is necessary in terms of the provision of Section 340 Cr.P.C., the same may be considered at that stage and the impugned order may not stand in the way of the applicant in maintaining the second or other application.
Order Date :- 5.9.2018 Mini