Case :- APPLICATION U/S 482 No. - 640 of 2002
Applicant :- Smt. Poonam
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Dharmendra Singhal,A.R. Nadiwal Counsel for Opposite Party :- Govt. Advocate,Manoj Kumar Srivastava,S.C. Pandey
Hon'ble Vikas Budhwar,J.
Case called out in the revised list. None appears on behalf of the applicant. Sri Saurabh Pandey, holding brief of Sri S.C. Pandey and Sri A.K. Singh, appears for opposite party no. 2 and learned A.G.A. for the State are present in the Court.
The present application u/s 482 Cr.P.C. has been instituted by the application seeking setting aside of the proceedings of Misc. Case No. 116/11/2000 (Rajiv Kaushik Vs. Poonam) under section 127 Cr.P.C. pending before the Ist Additional Civil Judge (Junior) Division Aligarh, Judicial Magistrate, Aligarh.
In the said matter, on 28.01.2002 the interim protection was accorded to the applicant which reads as under:-
"Issue notice to the opposite party no. 2.
The contention on behalf of the wife is that the application of the husband under section 127 Cr.P.C. is based primarily on alleged discovery of new evidence which does not amount to 'subsequent change in the circumstances'. On this basis it is argued that the application under section 127 Cr.P.C. is not maintainable.
Having regard to the overall facts and circumstances of the case, it is directed as an interim measure that pending notice to opposite party no. 2 proceeding under section 127 Cr.P.C. may be continued but final order under that section will not be passed.
If the applicant (wife) applies for exemption of personal appearance and for appearing through her counsel the trial court will not insist upon her personal attendance unless personal attendance is required on any particular date for reasons to be recorded."
Thereafter the following orders have been passed on 03.03.2011, 24.03.20211 and 31.03.20211 which reads as under:-
"Passed over on the illness slip of Sri Dharmendra Singhal for the petitioner.
List on 24.03.20211 peremptorily before the appropriate court."
On 24.03.2011 the following order has been passed:-
"Case is listed peremptorily today.
List this case in the next cause list. Interim order is not extended."
On 31.03.2011 the following order has been passed:-
"As prayed, list after three weeks.
Interim order is extended the next date of listing."
When the aforesaid matter was listed before the coordinate Bench of this Court on 27.07.20218, the following order was passed:-
"Passed over on the request of Sri Dharmendra Singhal, learned counsel for the applicant as well as on the illness slip of Sri S.C. Pandey, learned counsel for the opposite party.
The interim order shall not stand extended in light of the decision of the Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation, 2018 SCC Online SC 310."
The matter has been taken up in revised list. The learned counsel for the applicant has not present in the Court despite of the fact that in the cause list, the names of two counsels are printed. It is borne out from the records that notice was issued to the opposite party no. 2, consequent there to the counter affidavit was filed by the opposite party no. 2. No rejoinder is available on record.
As per the order dated 27.07.2018 passed by the coordinate Bench of this Court shows that the interim order was not extended in the light of the decision of Hon'ble Apex Court in the Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation, 2018 SCC Online SC 310 as well as the interim order has not been extended and has not in operation till date. More than three years have been passed and there is no application preferred by the applicant for extending of the interim order which itself shows that the applicant has lost her interest.
In view of the aforesaid factual back drop the present application is dismissed for want of non prosecution.
Order Date :- 25.10.2021 Nisha