Court No. - 72
Case :- APPLICATION U/S 482 No. - 2593 of 2019 Applicant :- Lalchand Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Singh,Hari Shanker Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
By means of this application u/s 482 of the Code of Criminal Procedure, the applicant has questioned the correctness of the order dated 20.07.2018 imposing a cost of Rs. 2,000/- and further a cost of Rs. 18,000/- for recalling of the order.
It is argued that the Court is not justified in imposing two separate costs in respect of the same application. It is further contended that while imposing a cost for recalling the order, has not assigned any special reasons, and having not done so, the Court below has committed manifest error of law.
Cost is imposed to compensate. Once the Court has allowed application seeking condonation of delay for a cost, it should have imposed similar cost for allowing recall application or should have assigned special reasons that compelled imposition of special cost. In view of the above, this application is disposed of with a direction to the Family Court to decide the maintenance claim petition within three months from the date of production of certified copy of this order, in case the applicant deposits Rs. 10,000/- by 06.02.2019, the order of this Court below stands modified accordingly.
However, it is made clear that this opportunity is a one time measure and in the event of default, the interim protection granted hereinabove shall stand ceased and the court below shall be at liberty to proceed further in accordance with law.
Order Date :- 22.1.2019 P Kesari