Atish Kumar Singh vs State Of U.P. And Another
2022 Latest Caselaw 14292 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 8727 of 2022
 

 
Petitioner :- Atish Kumar Singh
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- K.S. Ojha
 
Counsel for Respondent :- C.S.C.,Gyanu Shukla
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the parties.

Learned counsel for the petitioner in furtherance of order dated 10.10.2022 has handed over a demand draft of Rs. 25,000/-(Rupees Twenty Five Thousand only) in favour of Respondent No. 2, Neha Singh as costs.

The present petition is filed by the petitioner challenging the orders dated 22.8.2022 and 17.9.2022, whereby the evidence of the petitioner-husband was closed and the court had refused the appearance of petitioner's father as a witness in the case.

This Court on the last date indicated that on an appropriate cost, the permission can be granted once more. In furtherance of the earlier order of this Court, counsel for the petitioner has handed over the aforesaid draft of Rs.25,000/- as costs to the respondents.

It is informed that before the court below, the next date is fixed for 29.10.2022 for delivery of order/judgment.

In the given facts and circumstances, since petitioner as well as his father both were in jail at the relevant time, therefore, they could not appear as a witness on the date fixed by the court, a last opportunity is provided to the petitioner to produce his father Shri Ramkrit Singh only as a witness.

For the said purpose, the parties shall appear in person/through their counsel before the Principal Judge, Family Court, concerned on 21.10.2022 along with the certified copy of this order. The learned Principal Judge, Family Court shall fix the case as per his convenience for the statement of witness Ramkrit Singh only.

The case shall be taken up by the Principal Judge, Family Court as expeditiously as possible on day-to-day basis, without any further delay. He shall not fix a date in the matter of more than a week and the Court shall not grant any unnecessary adjournment including the ground of strikes of the lawyers and also record reasons for granting any adjournment in the matter. The parties shall fully cooperate in early disposal of the case.

With the aforesaid observations, the petition is disposed of.

Let the copy of this order be provided within 24 hours to the counsel for the petitioner on payment of usual charges.

Order Date :- 17.10.2022

Sumaira

(Vivek Chaudhary, J.)