Court No. - 49
Case :- APPLICATION U/S 482 No. - 6871 of 2018 Applicant :- Pavan Jauhari Opposite Party :- State Of U.P. And 3 Ors Counsel for Applicant :- Kamal Kishor Mishra,Rajesh Mishra 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 with a prayer to quash the order dated 12.12.2017 passed in application No. 116 of 2016 (Pavan Juahari Vs. Dipika and others), under Section 126(2) Cr.P.C., Police Station Kotwali, District Mainpuri, pending in learned Additional District Judge/FTC, Court no.2, Mainpuri.
Learned counsel for the applicant submits that the application filed under Section 126(2) Cr.P.C. against the exparte order dated 2.9.2016 has remained pending from 3.10.2016. More than one year has lapsed since the application was filed.
Consequently, the application is disposed of with a direction to the Court below to decide the application under Section 126(2) Cr.P.C. in accordance with law, as expeditiously as possible, necessarily within a period of three months from the date of the production of a certified copy of this order.
It is made clear that this Court has not examined on merits of the matter and there is no interim protection granted against the recovery that may be outstanding against the applicant.
Order Date :- 27.2.2018 Mini