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High Court Of ChhattisgarhCRR/799/2017dismissed

Himanshu Jaiswal v. Nidhi Nagwanshi

2017-10-04Hon'Ble Shri Justice Goutam Bhaduri1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 799 of 2017 • Himanshu Jaiswal S/o Shri Arun Jaiswal Aged About 30 Years Permanent Resident Of Opposite Laxmi Talkies, Lepo Raod, Hazribagh, District Hazribagh, Jharkhand Presently Residing At Caldwell Place, Santa Clara, California, United States Of America.

---- Applicant

Versus

• Nidhi Nagwanshi W/o Himanshu Jaiswal, Aged About 29 Years R/o Quarter No. 6b, Lane No. 6, Sector - 1, Bhilai, District Durg Chhattisgarh Through Her Employer Mr. Bhanumurthy B M, President And Chief Operating Officer, Wipro Limited, 420-421, Wipro Udyog Vihar, Phase 3, Gurugram, Hryana 122016.

---- Respondent For Applicant :

Shri K. Rohan, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 04/10/2017

1. Learned counsel for the applicant submits that a separate application under Section 126 (2) of the Cr.P.C. has been filed to set aside the order dated 01.08.2016, which is pending adjudication.

2. In view of such submission made, since an application is already filed to set aside the order dated 01.08.2016 and the same order is under challenge in this revision too, simultaneous proceedings cannot be entertained specially when the proceedings may call for a fact finding issue.

3. Accordingly, the revision is dismissed. However, the trial Court is directed to expedite the hearing of the proceedings under Section 126 (2) of the Cr.P.C., which has been filed by the applicant. Sd/- Goutam Bhaduri Judge Ashu