Court No. - 70
Case :- APPLICATION U/S 482 No. - 29279 of 2019 Applicant :- Vikash Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Sri I.P.Singh, learned counsel for the applicant and Sri N.D.Rai, learned A.G.A-I, appearing on behalf of the State/opposite party no.1 and perused the record.
This application under section 482 Cr.P.C. has been preferred by the applicant with a prayer to quash the proceeding of Criminal Case No.35896 of 2013 arising out of N.C.R. No.122 of 2013, under section 498 I.P.C., Police Station Sahibabad, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad.
It is submitted by the learned counsel for the applicant that Smt.Neetu Singh (wife of applicant no.1) and Smt. Shalini Singh (wife of informant/opposite party no.2) are real sisters, as such, the applicant and opposite party no.2 are brother-in-laws against each other. Opposite party no.2 lodged N.C.R No.122 of 2013 at Police Station Sahibabad District Ghaziabad against the applicant making allegation that he has enticed away his wife Smt.Shalini Singh. Subsequently with the permission of magistrate concerned, the matter was investigated and chargesheet was submitted on 23.09.2013 against the applicant. The said chargesheet was challenged by the applicant by filing application under section 482 Cr.P.C. No.30504 of 2014 before this Court in which at the initial stage, interim stay order dated 07.08.2014 was granted by the coordinate Bench of this Court, but later on said application was dismissed in default on 29.11.2016.
Under the circumstances, the applicant surrendered before the court below and granted bail on 25.01.2019. On the said fact, it is submitted by the learned counsel for the applicant that since first application under section 482 Cr.P.C. No.30504 of 2014 was dismissed in default, therefore, the applicant under the change circumstances has preferred this application.
Per contra, learned A.G.A submitted that there is no bar for moving restoration application in first application under section 482 Cr.P.C.No.30450 of 2014 for recalling the order dated 29.11.2016. The present application is infact second application under section 482 Cr.P.C. moved by the applicant.
After having heard learned counsel for the parties, this Court is of the view that appropriate remedy is available to the applicant to file a recall/restoration application in application under section 482 Cr.P.C.No.30504 of 2019.
In view of above, the present application is disposed of with liberty to the applicant to move proper application in application u/s 482 Cr.P.C. No.30504 of 2019 for recall of order dated 29.11.2016.
Order Date :- 30.7.2019 SKD