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Ram Sajan vs Smt. Lalima Alias Gulabi and Another

Allahabad High Court · Decided on 12 November 2010 · Citation: (2010) 11 AHC CK 0158

HON’BLE JUDGES
S.C. Agarwal, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 125
CASE NUMBER
Criminal Miscellaneous Writ Petition No. 20689 of 2010
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Judgment

9 paragraphs · 399 words

S.C. Agarwal, J.—Heard learned Counsel for the Petitioner, learned AGA as well as Sri B.B. Johari holding brief of Sri S.K. Srivastava for the Respondent No. 2.

2.

The order dated 17.6.2010 passed by 1st, A.C.J.M. Bansi, Sidharthnagar in criminal case No. 2668 of 2002, Smt. Lalima @ Gulabi v. Ram Sajanunder Section 125 Code of Criminal Procedure as well as judgment and order dated 8.10.2010 passed by learned Sessions Judge, Sidharthnagar in criminal revision No. 142 of 2010 are under challenge in this writ petition.

3.

The proceedings between the parties are pending since 2002. Four witnesses have already been examined on behalf of Petitioner who is opp. party in proceedings u/s 125 Code of Criminal Procedure On 17.5.2010, the evidence of opp. party was closed by the Magistrate as the Petitioner was absent. An application filed by the Petitioner for recalling the order dated 17.5.2010 was rejected by the Magistrate.

4.

The revision was also dismissed by the learned Sessions Judge, hence this petition.

5.

I have perused the impugned orders passed by learned Magistrate as well as learned Sessions Judge.

6.

It is apparent that the Petitioner has been continuously delaying the proceeding on one pretext or another. However, in the interest of justice, it is desirable that one last opportunity be granted to the Petitioner to examine one witness Ram Naresh subject to payment of heavy costs.

7.

The instant petition is disposed of with a direction that if the Petitioner Ram Sajan deposits a sum of Rs. 5000/-as costs within a period of three weeks from today before the Magistrate, the Magistrate shall fix a date for remaining evidence of the opp. party. On the said date one witness Ram Naresh shall be permitted to be examined by the Petitioner, but no adjournment for the said purpose shall be granted. It shall be responsibility of the Petitioner to produce Ram Naresh on the date fixed by the Magistrate on his own accord and no process shall be issued by the Magistrate to summon the witness.

8.

Learned Magistrate shall dispose of the case in accordance with law as early as possible, preferably within a period of three months from the date of production of certified copy of this order before him.

9.

In case of default, this petition shall automatically stand dismissed. The amount so deposited shall be paid to the Respondent No. 1.