Kamlesh Nishad v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 37464 of 2023 Applicant :- Kamlesh Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Choudhary Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant and learned AGA for State.

¶2Learned AGA has raised preliminary objection and submitted that applicant has alternative remedy to file application for recalling of order under Section 126(2) Cr.P.C.

¶3Learned counsel for the applicant could not dispute the aforesaid fact and submitted that as there is some delay, therefore, he may be granted certain time to file recall application.

¶4Accordingly, the application is dismissed with aforesaid liberty.

¶5In case, any application is filed within 15 days from today, same shall not be rejected on ground of laches, but be decided on merits.

¶6Certified copy of the order be returned to learned counsel for the applicant after keeping the photocopy of the same on record.

¶7For a period of four weeks from today, proceeding of Execution Case No. 745 of 2022 (Priyanka Vs. Kaamlesh), under Section 128 Cr.P.C. shall remain stayed against the applicant. Order Date :- 7.12.2023 Arvind High Court of Judicature at Allahabad