Court No. - 45
Case :- APPLICATION U/S 482 No. - 46177 of 2018 Applicant :- Chaman Lal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jata Shankar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant has approached this Court against the order dated 6.7.2018 passed by the Principal Judge, Family Court, Meerut in Case No.260/11 of 2015, under Section 128, Cr.P.C., whereby his recall application has been rejected.
A perusal of the order of the court below shows that the applicant has filed repeated applications for recall and has later not appeared to press the applications and the applications have been dismissed for want of prosecution. Now, the application has again been dismissed refusing to recall the order on the ground that no one appeared to press the application. The applicant has brought on record the FIR dated 22.10.2015 wherein it has been alleged that the brothers of opposite party No.2 have caused injury to the applicant by using fire arms and trial is pending against them.
It has been submitted that on account of the criminal case and injury suffered by the applicant he could not appear before the court in time.
The order dated 6.7.2018 passed by the Principal Judge, Family Court, Meerut in Case No.260/11 of 2015, under Section 128, Cr.P.C. is set aside subject to payment of cost of Rs.5,000/- to the opposite party Nos.2 & 3 by the applicant. In case the applicant deposits Rs.5,000/- within one month from today, court below shall afford him opportunity of hearing and then pass the order. In case of failure to comply this order, order dated 6.7.2018 passed by the court below shall become effective.
With the aforesaid observation, this application stands disposed of. Order Date :- 19.12.2018 T. Sinha