Rohan Singhal And Another vs Brij Bala Agrawal And 10 Others
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Allahabad High Court

Rohan Singhal And Another vs Brij Bala Agrawal And 10 Others on 5 February, 2024

Author: Ashutosh Srivastava

Bench: Ashutosh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:20865
 
Court No. - 50
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 474 of 2024
 

 
Petitioner :- Rohan Singhal And Another
 
Respondent :- Brij Bala Agrawal And 10 Others
 
Counsel for Petitioner :- Pragya Pandey,Anil Kumar Mehrotra
 

 
Hon'ble Ashutosh Srivastava,J.
 

1. Heard Sri Anil Kumar Mehrotra, assisted by Mr Mridul Khare, learned counsel for the petitioners.

2. Considering the nature of the order proposed to be passed, notice upon the private respondents is being dispensed with.

3. Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to quash the impugned judgment and order dated 11.07.2023 passed by Additional District Judge/Additional Special Judge (POCSO) Act, Court No. 3, Allahabad, in S.C.C. Suit No. 59 of 2014, whereby and whereunder the application under Order 1 Rule XX of C.P.C. filed by the petitioners for impleading the facts in the suit has been dismissed.

4. At the very outset, Sri Anil Kumar Mehrotra, learned counsel for the petitioners submits that a recall application seeking recall of the order dated 11.07.2023 is pending consideration before the learned Additional District Judge/ Additional Special Judge (POCSO) Act, Court No. 3, Allahabad in SCC Suit No. 59 of 2014 and the purpose of filing present petition shall stands served if the appropriate directions are issued to the learned court below, to consider and pass appropriate order of the pending recall application.

5. A specific query has been put to the learned counsel for the petitioner as to whether any objection has been invited by the court concerned with regard to the recall application. The counsel at this stage is not aware.

6. In the opinion of the Court, the petition can be disposed of by requiring the Additional District Judge/ Additional Special Judge (POCSO) Act, Court No. 3, Allahabad, seized with the SCC Suit No. 59 of 2014, to take up the recall application dated 27.07.2023 seeking recall of the order dated 11.07.2023 and pass order thereon expeditiously, preferably, within a period of three weeks. If, no objection is yet to be invited by learned court below, it may do so by granting a week's time and thereafter, to pass order on the recall application. The entire exercise shall be done within a period of four weeks.

7. Till disposal of recall application, it is expected that the learned Additional District Judge/Special Judge POCSO Act, Court No. 3, Allahabad shall not proceed with the proceeding of SCC Suit No. 59 of 2014.

Order Date :- 5.2.2024

v.k.updh.