RECALL APPLICATION This Court on 06.01.2011 had passed following order:
"Heard learned counsel for the petitioner Sri Sunil Kumar, Sri Somil Srivastava, learned counsel for the respondents and learned Standing counsel.
On the matter being taken up today, Sri Sunil Kumar, Advocate made statement that petitioner,Smt. Rajni Sharma on behalf of herself as well as on her two minor children will not at all pursue original suit no. 1289 of 2003 and has contended that the said suit be dismissed as withdrawn with no liberty to file fresh suit on the said score. However, it has also been stated that she intends to pursue the proceeding under the Guardian and Wards Act at Ghaziabad being misc. case no. 48 of 2006. In view of this statement being made before this Court, liberty is given to the petitioner to move an application before the concerned court wherein original suit no. 1289 of 2003 is pending for dismissing the suit as withdrawn. On the said application being moved, appropriate orders be passed.
In case, such application being moved and being allowed copy of the said order be produced before the concerned court wherein proceedings under the Guardian and Wards Act are pending and thereafter proceeding under the Guardian and Wards Act shall be taken up and decided strictly in accordance with law expeditiously after taking into account respective stand of parties.
Writ petition is disposed of."
Said order had been passed in presence of parties after due deliberation was made on the said score. Present application has been moved contending therein that case crime No.690 of 2007under Sections 120B, 420, 467, 468 and 471 I.P.C. had been lodged against Smt. Rajni Sharma and others, wherein final report was submitted, against which protest application had been filed. In this background, it has been contended that said proceedings are not maintainable. Validity of the proceedings are to be examined by the concerned court. As this Court has not decided anything on merit and has merely accepted the request of the parties concerned. In such a situation and in this background, there is no occasion for this Court to recall the order dated 06.01.2011. Application is rejected.
Order Date :- 22.2.2011 SRY