Fakretaj Alam v. State of U.P. and 2 Others

Court No. - 92 Case :- APPLICATION U/S 482 No. - 42907 of 2023 Applicant :- Fakretaj Alam Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pradeep Kumar,Piyush Patel Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Pradeep Kumar, learned counsel for the applicant and Sri Rajiv Kumar Singh, learned A.G.A. for the State.

¶2The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 29.09.2023, whereby the application for recall of the order dated 23.06.2023 filed by the applicant herein has been rejected, whereby the right to submit the evidence of applicant has been closed, as the applicant herein was taking time since 16.11.2022 and he was not submitting the evidence and more than nine opportunities were granted to the applicant herein. Therefore, learned counsel for the applicant submits that only one opportunity for submitting the evidence may be granted to him, subject to deposit the amount and the matter may be decided on merits thereafter.

¶3In view of the aforesaid, the instant application is disposed of with a direction that the applicant shall submit his evidence within three weeks from today, subject to deposit of Rs. 1,00,000/-, before the trial court. The amount so deposited by the applicant herein, shall be adjusted against the final award of compensation made by the Family Court. After taking the evidence on behalf of the applicant herein, the trial court shall proceed to finally dispose of the application for maintenance u/S 125 Cr.P.C., filed by the opposite party no.2, within three months from today.

¶4Learned counsel for the applicant further undertakes that he will not seek any unnecessary adjournment in the case. Order Date :- 7.12.2023 Shubham Arya High Court of Judicature at Allahabad