Court No. - 49
Case :- APPLICATION U/S 482 No. - 14138 of 2018 Applicant :- Govind Sharma Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 13.03.2018 passed by the learned Addl. Session Judge/F.T.C. Court No. 1, Bareilly, in Case No. 1137 of 2015 (Sweta Sharma Vs. Govind Sharma), under Section 125 Cr.P.C. and to direct the learned Court below to afford proper opportunity of hearing to the applicant and then may proceed in accordance with law.
Learned counsel for the applicant submits that earlier the proceedings were pending in the Court of learned Family Court wherein the last date fixed was for 30.03.2018 of which the applicant had knowledge. However, it transpires in the meantime, i.e. before the next date fixed, the proceedings were transferred to Fast Track Court – I, Bareilly which preponed the proceedings for 13.03.2018 by an ex-parte order.
Learned counsel for the applicant states that the applicant is thus aggrieved by the fact that an ex-parte order has been passed on the preponed date without issuing notice to the applicant in this regard.
Considering the above, no useful purpose would be served in issuing notice to the opposite party no. 2 or keeping the present application pending any further. Leaving it open to the opposite party no. 2 apply for recall of this order, the present application is disposed of with the following directions:
1. The applicant shall file a recall application within two weeks from today along with a certified copy of this order.
2. If such an application is filed by the applicant within two weeks, the same shall be decided by the learned Court below as expeditiously as possible, preferably within a period of six weeks from the date of filing such an application by the applicant.
3. For a period of eight weeks from today or till disposal of such application, which ever is earlier, no coercive measure shall be taken against the applicant in pursuance of the ex-parte order dated 13.03.2018.
Order Date :- 24.4.2018 A. Singh