Neutral Citation No. - 2025:AHC:124441 Court No. - 72 Case :- APPLICATION U/S 482 No. - 45731 of 2023 Applicant :- Prateek Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilanand Mishra,Amit Kumar,Renu Rajat Alias Renu Sahai Counsel for Opposite Party :- G.A.,Jawahir Yadav Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, Sri Johar Yadav, learned counsel for the opposite party no.2 and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the order dated 28.10.2023 passed by the Additional Session Judge, Court No.1, Gorakhpur in Criminal Appeal No.175/2022 (Prateek Sharma vs. Apoorva Dwivedi) and exparte-order dated 14.10.2022 passed by Civil Judge (Junior Division)/FTC (Crime against Women) Gorakhpur in Complaint No.15370 of 2022 (Apoorva Dwivedi vs. Prateek Sharma). 3. Learned counsel for the applicant submits that the order dated 14.10.2022 is ex-parte order and applicant had challenged the order dated 14.10.2022 by filing Criminal Appeal No.175 of 2022, same was rejected by order dated 28.10.2023 and by this present application u/s 482 Cr.P.C, this order has been challenged. Learned counsel for the applicant submits that since 14.10.2022 is ex-parte order, applicant filed recall application and same is pending. Court has not passed any order on recall application of the applicant. 4. Learned counsel appearing for the opposite party no.2 has no objection if the court below is directed to decide the recall application of the applicant. 5. The present application u/s 482 Cr.P.C. is disposed of directing the Civil Judge (Junior Division)/FTC (Crime against Women) Gorakhpur, to decide the recall application of the applicant filed on 01.04.2023 for recalling of the ex-parte order dated 14.10.2022 within a period of four weeks after giving opportunity of hearing to all the concerned parties. Order Date :- 28.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad