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Court No. - 34
Case :- APPLICATION U/S 482 No. - 2708 of 1998 Applicant :- Om Prakash Pandey Opposite Party :- Ist. Addl. Sess. Judge And Others Counsel for Applicant :- Sudhakar Pandey,A.K.Dubey Counsel for Opposite Party :- A.G.A.,Kameshwar Singh
Hon'ble Sudhir Agarwal,J.
Re: Criminal Misc. Delay Cond. Appl. No. 324784 of 2016
1. This is an application seeking condonation of delay in filing recall/restoration application.
2. Heard.
3. Cause shown is sufficient.
4. Delay in filing recall/restoration application is hereby condoned.
5. The application is accordingly allowed.
Re: Criminal Misc. Recall/Restoration Appl. No. 324786 of 2016
1. This is an application seeking recall of order dated 26.07.2016.
2. Cause shown for non-appearance is sufficient.
3. Order dated 26.07.2016 is hereby recalled.
4. The application is accordingly allowed. Order Date :- 30.7.2019 Siddhant Sahu 2
Court No. - 34
Case :- APPLICATION U/S 482 No. - 2708 of 1998 Applicant :- Om Prakash Pandey Opposite Party :- Ist. Addl. Sess. Judge And Others Counsel for Applicant :- Sudhakar Pandey,A.K.Dubey Counsel for Opposite Party :- A.G.A.,Kameshwar Singh
Hon'ble Sudhir Agarwal,J.
Re: Criminal Misc. Delay Cond. Appl. No. 27980 of 2012
1. This is an application seeking condonation of delay in filing recall/restoration application.
2. Heard.
3. Cause shown is sufficient.
4. Delay in filing recall/restoration application is hereby condoned.
5. The application is accordingly allowed.
Re: Criminal Misc. Recall/Restoration Appl. No. 27983 of 2012
1. This is an application seeking recall of order dated 20.09.2010.
2. Cause shown for non-appearance is sufficient.
3. Order dated 20.09.2010 is hereby recalled.
4. The application is accordingly allowed. Order Date :- 30.7.2019 Siddhant Sahu
Court No. - 34
Case :- APPLICATION U/S 482 No. - 2708 of 1998 Applicant :- Om Prakash Pandey Opposite Party :- Ist. Addl. Sess. Judge And Others Counsel for Applicant :- Sudhakar Pandey,A.K.Dubey Counsel for Opposite Party :- A.G.A.,Kameshwar Singh
Hon'ble Sudhir Agarwal,J.
1. Order dated 20.09.2010 having been recalled vide order of date passed on Recall/Restoration Application, application is restored to its original number.
2. As requested and agreed by learned counsel for applicant, I proceed to hear and decide this case at this stage.
3. Heard Sri Ashok Kumar Dubey, learned counsel for applicant and Sri Sanjay Kumar Srivastava, Advocate holding brief of Sri Kameshwar Singh, learned counsel for respondents.
4. Applicant has invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") seeking for setting aside order dated 21.05.1998 passed by Ist Additional Sessions Judge, Ballia, dismissing Criminal Appeal No. 12 of 1997 which was filed against the order dated 03.02.1997 passed by Deputy Magistrate, Ballia directing to initiate proceedings under Section 340 Cr.P.C. against applicant and also to quash Complaint Case No. 407 of 1997, (Suresh Singh v. Om Prakash Pandey), under Sections 465, 467, 471 I.P.C., Police Station Kotwali, District Ballia.
5. Learned counsel for applicant in support of his contention has placed reliance on a Supreme Court decisions in Sachida Nand Singh and Others v. State of Bihar and Others 1998 (2) SCC 493; Iqbal Singh Marwah v. Meenakshi Marwah 2005
(4) SCC 370 and Rugmini Ammal (Dead) by LRS. v. V. Narayana Reddiar and Others 2007 (12) SCC 611.
6. Having gone through the aforesaid judgments, I find that aforesaid judgements are not applicable to the facts of this case. I find that a wrong statement was made before Authority concerned, therefore, it directed to initiate proceedings under Section 340 Cr.P.C. It is always open to applicant to raise his defence before Authority concerned. The order passed by Authority concerned is neither illegal nor without jurisdiction.
7. In view of above, application lacks merit and is accordingly dismissed.
Order Date :- 30.7.2019 Siddhant Sahu