Rajeev Singh, J. - (1.) Heard Shri Ram Bux Rawat, learned counsel for applicants, learned A.G.A. and perused the record. This application under Section 482 Cr.P.C has been filed for directing the learned Additional Sessions Judge-III, Lakhimpur Kheri to consider and decide the Appeal No.02 of 2019 (Waseem Ahmad & Ors Vs. Smt. Nazima Bano @ Nazma) and consider the application under Section 5 of Indian Limitation Act and to the recovery proceeding initiated by the learned Additional Chief Judicial Magistrate-II, Lakhimpur Kheri in pursuance of ex-parte order dated 21.03.2013.
(2.) Learned A.G.A. has raised the preliminary objection and submitted that no such order as prayed can be granted in the petition under Section 482 Cr.P.C. He has further submitted that the applicants ought to file petition under Section 227 of Constitution of India, as there is no abuse of process of any Court, as the trial is going on.
(3.) Learned counsel for the applicants has submitted on the objection of learned A.G.A., it is well settled by the Hon'ble Supreme Court that justice delayed is justice denied. As the exparte order dated 21.03.2013 was passed in Case No.3795 of 2012 under the Provision of the Protection of Women from Domestic Voilence Act and the appeal was filed along with the delay condonation application.;