M.K.Mittal, J. - (1.) Application has been filed by opposite party no. 2 Girja Shanker Srvastava for prosecuting Rajesh Tiwari for giving false evidence in criminal Misc. Application No. 11190 of 2005. Against this application Rajesh Tiwari has filed his counter affidavit and rejoinder affidavit has been filed by the opposite party no. 2.
(2.) Heard Sri Santosh Tripathi the learned counsel for Rajesh Tiwari, Dr. C.P.Upadhyaya learned counsel for the opposite party, learned A.G.A. and perused the record.
(3.) Brief facts of the case are that Santosh Kumar Shukla filed an application under Section 482 Criminal Procedure Code for quashing the case no. 4156 of 2005 under Sections 323, 504, 506 Indian Penal Code pending in the Court of A.C.J.M., VIth Allahabad. His case was taken up for hearing on 17.7.2006 but the same was dismissed for default as none appeared for him. A recall application was filed on 20.7.2006 along with an affidavit of Rajesh Tiwari wherein he declared himself to be sole applicant in the case.;