PRATIBHA SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) This is an application moved on behalf of Smt. Pratibha Saxena for recalling the order dated 6/4/2006 passed by me in Criminal Misc. Restoration Application No. 55171 of 2006 and the order dated 17/2/2006 passed in Crl. Misc. Recall Application No. 155441 of 2005 and the order dated 27/7/2005 passed in Crl. Misc. Transfer Application No. 165 of 2005, Hari Prakash Saxena v. Smt. Pratibha Saxena.

(2.) The facts relevant for disposal of the present application are that Hari Prakash Saxena had filed Transfer Application No. 165 of 2005 in this Court for transfer of Misc. Case No. 840 of 2003 and Misc. Case No. 1025 of 2003 arising out of case No. 1050 of 1998, Pratibha Saxena v. Hari Prakash Saxena pending in the Court of Chief Judicial Magistrate, Shahjahanpur to any Court outside Shahjahanpur.

(3.) Since none was present for Smt. Pratibha Saxena on the date of hearing of this application, it was allowed by me ex parte vide order dated 27-7-2005 and the aforesaid cases were ordered to be transferred to the Court of the Chief Judicial Magistrate, Bareilly. Aggrieved with the above ex parte order Smt. Pratibha Saxena filed an application for recall of the above order which was registered as Crl. Misc. Recall Application No. 155441 of 2005. This application was dismissed in default of the applicant on 17-2-2006. Then the applicant moved another application for recall which was registered as Crl. Misc. Recall Application No. 55171 of 2006. This application was rejected after hearing both the parties on the ground that no proper affidavit was filed in support of the application vide order dated 6-4-2006. Thereafter the applicant moved the present application filing proper affidavit in support of the application. However, the application was contested by the opposite party on the ground that there was no provision for recall of the order passed in a transfer application.