Gulab Singh vs State Of U.P. & Another
2013 Latest Caselaw 3818 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 25
 

 
Case :- APPLICATION U/S 482 No. - 6563 of 2000
 
Applicant :- Gulab Singh
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Rajeev Goswami
 
Counsel for Opposite Party :- Govt.Advocate,R N Sharma
 

 
Hon'ble Mrs. Jayashree Tiwari,J.

Case called out in the revised list.

Heard learned counsel for the applicant and perused the record.

The present petition has been filed with a prayer that a cross case is pending in connection with the same matter in respect of which in petition no. 5018 of 2000, the other party has obtained stay order. By way of this petition, learned counsel for the applicant submits that the proceedings of this connected case be also stayed and the both the cases shall run simultaneously.

On being inquired from the learned counsel for the applicant whether in the first petition, after receipt of the notice, he prayed and filed objections and made any prayer for staying the proceedings of this case also. Learned counsel for the applicant submitted that he has raised a ground in his objection in the petition of the respondents. But he has not made this prayer in his objections i.e. proceedings of this case be also stayed.

Learned counsel for the applicant submits that objections as well as this petition were filed simultaneously. The perusal of the order sheet shows that this petition was filed in year 2000. It is submitted that petition is still pending and more than 12 years have elapsed and it is yet awaiting for disposal.

In the circumstances, I think that there is no sufficient ground for invoking the inherent powers of the court.

The application petition is disposed off with the aforesaid observations and a request to the learned counsel for the applicant to press this objection in the earlier petition and get it dispose of expeditiously.

In case the file is not traceable, the office shall take necessary steps to report the matter and to get the record reconstructed. The learned counsel for the parties shall cooperate in and immediately reconstruction of the file be made and the matter be disposed off within three months.

For the period of three months, the proceedings of this case shall remain stayed.

Order Date :- 8.7.2013

Monika