Court No. - 45 Crl. MIsc. Recall Application No. 184109 of 2010 in Case :- APPLICATION U/S 482 No. - 18867 of 2010 Petitioner :- Sony And Another Respondent :- State Of U.P. & Another Petitioner Counsel :- P.K.Singh,S.K.Singh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Application allowed.
It appears that due to inadvertence, some different order has been transcribed
in the present case, which is order dated 11.06.2010. Accordingly, it is
recalled and following order is passed.
It is contended by learned counsel for the applicants that the applicant no. 1
had married with Yogesh Kumar Mishra on 04.05.2001. It is further
contended that Yogesh Kumar Mishra filed a divorce petition against the
applicant no. 1, which was decreed ex parte without notice to the applicant no.
1 and therefore, the applicant no. 1 filed the restoration application against the
ex-parte divorce decree, which is pending consideration.
It is next argued that Sri Yogesh Kumar Mishra thereafter married the
complainant on 25.02.2010 and thereafter the complainant initiated the
present criminal proceedings against the applicants also, which is totally
misconceived and gross misuse of the process of Court.
Learned counsel for the applicants has argued that the applicant no. 2 is the
father of the applicant no. 1, who is the first wife of the Yogesh Kumar
Mishra and is not involved in the commission of the offence.
Issue notice to the opposite party no. 2. Steps be taken within a week.
As prayed by learned AGA, four weeks’ time is granted for filing counter
affidavit. Opposite party no. 2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicants, two weeks’ time
thereafter is granted for filing rejoinder affidavit.
List after expiry of aforesaid period.
Till the next date of listing, no coercive action shall be taken against the
applicant pursuant to Complaint Case no. 487 of 2010 (Pratiksha Devi Vs.
Yogesh Kumar Mishra and others) under sections 506, 504, 498-A IPC and
3/4 Dowry Prohibition Act, P.S. Kotwali Dehat, District Mirzapur pending
before the !st Addl. Chief Judicial Magistrate, Mirzapur.
Order Date :- 28.7.2010
yachna