Application under Sec. 482 CrPC regarding a Family Court order; applicant dropped the quash prayer; court directed recall application to be decided within one month and disposed of the matter.
Direction given to decide the recall application within one month; quash prayer dismissed as not pressed.
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Neutral Citation No. - 2024:AHC:124650
Court No. - 78
Case :- APPLICATION U/S 482 No. - 22023 of 2024
Applicant :- Arun Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Learned counsel for the applicant submits that due to inadvertence the prayer has been wrongly mentioned.
Learned counsel for the applicant is permitted to correct the same during the course of hearing.
Sri Bibhuti Narayan Singh, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State are present.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 01.05.2024 passed by Additional Principal Judge, Family Court No. 2, Agra whereby the trail court closed the opportunity to file written statement in Case No. 1407 of 2021, (Smt. Rashmi Vs. Arun Kumar), under Sections 125 of Cr.P.C., Police StationEtmaddulah, District- Agra, as well as to issue a direction to the Additional Principal Judge Family Court No. 2, Agra to decide the recall application of the order dated 01.05.2024.
After some arguments, learned counsel for the applicant does not want to press the prayer to quash the order dated 01.05.2024. This relief is dismissed as not pressed.
However, the application to recall the order dated 01.05.2024 which was filed on 13.05.2024 pending before the Additional Principal Judge Family Court No. 2, Agra be decided within one month from today.
With the aforesaid directions, the application stands disposed of finally.
Order Date :- 2.8.2024 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
Arun Kumar
Sanjay Kumar Pachori
As recorded by the court registry
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