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2010 Supreme(All) 585

SURENDRA SINGH
G. S. Poply – Appellant
Versus
State of U. P. and Others – Respondent


Advocates:
Raj Kumar Pandey

The present 482 Cr.P.C. petition has been filed for quashing the impugned order dated 5.10.2009 and the order dated 16.12.2009 passed by Additional Chief Judicial Magistrate,Court No.2, Ghaziabad in Complaint Case No.91 of 2009 (Smt. Darshana Versus G.S. Poply).

2. It is contended by learned counsel for the applicant that opposite party no.3 has filed a petition for divorce in the year 1983 being Original Suit No.349 of 1983 before the Civil Judge, Ghaziabad which was finally decided by the order dated 21.1.1985 declaring the marriage between the applicant and respondent no.3 as null and void. Against the said order, respondent no.3 preferred an appeal before the Additional District Judge, Ghaziabad but it is argued that said appeal was kept pending for disposal by respondent no.3 for 21 years taking advantage of the fact that respondent no.3 was a practising lawyer at District Court, Ghaziabad. Constrained, it is further argued that vide order dated 8.4.2006, Special Leave Petition (Civil) No.551 of 2005, Darshana Versus G.S. Poply was decided by the Hon'ble Apex Court with the direction that the pending appeal before the Additional District Judge, Ghaziabad be decided at the earli






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