Court No. - 45
Case :- APPLICATION U/S 482 No. - 42754 of 2018 Applicant :- Shankar Lal Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Bindeshwari Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application 482 Cr.P.C. has been filed to quash order dated 10.6.2015 passed in Criminal Case No. 149/11/13 (Smt. Premsheela and others Vs. Shankar Lal) and and order dated passed in Case No. 105/11/16 (Shankar Lal Vs. Smt. Premsheela), pending in the court of Principal Judge, Family Court, Sant Kabir Nagar.
The application of the applicant under Section 126 (2) Cr.P.C. has been allowed on the condition that the applicant pays Rs.30,000/- as cost payable to the opposite party No.2 within 30 days. In case the applicant pays Rs.10,000/- to the opposite party No.2 within two weeks, the court below shall permit him to participate in the proceedings and defend himself.
In case, it is found by the court below finally that the applicant could not appear before the court below earlier due to bona fide reasons, the cost of Rs.20,000/- stayed by this Court shall be paid to the oppoiste party No.2 by the applicant. However, if the court comes to the conclusion that the applicant deliberately avoided the proceedings and absented himself, which resulted into passing exparte order dated 10.6.2015, he would be required to pay remaining amount of Rs.20,000/- to the opposite party No.2. In case applicant pays Rs. 10,000/-, the application under Section 125 Cr.P.C. shall be decided within 30 days from the date of production of certified copy of this order. In failure of comply of this order, this order shall stand automatically vacated.
This application is disposed.
Order Date :- 29.11.2018 Ruchi Agrahari