Court No. - 49
Case :- APPLICATION U/S 482 No. - 10259 of 2018 Applicant :- Rajveer Singh Opposite Party :- Stateof Up And 2 Others Counsel for Applicant :- Atul Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present application U/s 482 Cr.P.C. has been filed to quash the exparte order dated 14.02.2017 passed by the learned Principal Judge, Family Court, Rampur, by which recovery proceedings have been initiated against the applicant.
It is further disclosed that the applicant gained knowledge of the aforesaid exparte order only recently during the course of recovery proceeding.
Considering the above, the present application is disposed of with the following observation:
(i) The applicant files an application under Section 126(2) Cr.P.C. to recall the order dated 14.02.2017 within a period of two weeks from today, the same shall be considered and decided by the court below as expeditiously as possible, necessarily within a period of two months from the date such application is filed. Learned counsel for the applicant further undertakes that the applicant will not seek any long or undue adjournment and may fully cooperate in the proceeding.
(ii) The applicant deposits a sum of Rs. 50,000/- before the court below on or before 30.04.2018.
(iii) The applicant shall also pay @ Rs. 3,000/- per month to the opposite party no.2 on 10th day of every month beginning from April, 2018 onwards.
Subject to the aforesaid compliance being made by the applicant, no coercive measure shall be adopted against him in pursuance of the order dated 14.02.2017, during the pendency of the recall application or within a period of three months from today, whichever is earlier.
However, it is made clear that in the event of failure on part of the applicant to comply with any part of the order, coercive measures be revived from that stage without any further reference to this Court.
Order Date :- 29.3.2018 Lbm/-