Ankit Yadav v. State of U.P.and 2 Others
Case brief
What is this about?
In an application under Section 482 Cr.P.C. challenging a delay-based rejection of a recall petition in a Section 125 Cr.P.C. case, the High Court directed the trial court to decide the application on merits once the applicant deposits Rs. 30,000/- as stipulated.
What did the court decide?
Direct the trial court to decide the recall application on merits upon deposit of Rs. 30,000/- by the applicant within two weeks.
What the court decided
Court No. - 68
Case :- APPLICATION U/S 482 No. - 3267 of 2023
Applicant :- Ankit Yadav Opposite Party :- State Of U.P.And 2 Others Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
The instant application under Section 482 Cr.P.C. has been preferred by the applicant challenging an order dated 07.1.2023 passed by learned Principal Judge, Family Court, District Gautam Budh Nagar in Criminal Misc. Case No. 699 of 2022, 'Ankit Yadav v. Smt. Rubi Yadav and another', relating to Criminal Misc. Case No. 212 of 2012, 'Smt. Rubi Yadav and another v. Ankit Yadav', under Section 125 Cr.P.C., Police Station Phase 2 Noida, District Gautam Budh Nagar.
Learned counsel for the applicant has confined his relief that recall application which has been rejected on the ground of delay by order dated 07.01.2023, may be directed to be decided by the concerned trial court, on merits, within a stipulated period as he is ready and willing to deposit the penalty in this regard.
Having considered the submission of learned counsel for the applicant, this Court finds it appropriate, in the interest of justice, that a direction is issued upon the concerned trial court to consider and decide the application of the applicant on merits keeping aside the delay caused in filing the same, and hear the matter on merits, in case the applicant deposits a demand draft of Rs. 30,000/- in the name of second opposite party – Smt. Rubi Yadav, along with a certified copy of this order within two weeks from today.
Issues for consideration
2 issues framed by the court
Whether the High Court can direct the lower trial court to reconsider a rejected recall application under Section 125 Cr.P.C. on merits while keeping aside delay.
Whether the applicant must deposit a specified amount to avail the benefit of hearing the application on merits.
Parties & counsel
- applicant
Ankit Yadav
- respondent
State Of U.P.
- respondent
Smt. Rubi Yadav
- respondent
2nd Opposite Party
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- A482/3267/2023
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