Arvind Kumar Srivastava vs State Of U.P.& Another.
2011 Latest Caselaw 5294 ALL

Citation : 2011 Latest Caselaw 5294 ALL
Judgement Date : 19 October, 2011

Allahabad High Court

Arvind Kumar Srivastava vs State Of U.P.& Another. on 19 October, 2011

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 237 of 2005
 

 
Petitioner :- Arvind Kumar Srivastava
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- Amitabh Tripathi
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and learned A.G.A.

This application has been filed to recall the order dated 9.11.2010 passed by another bench of this court whereby the main application was dismissed due to non appearance of the learned counsel for the applicant.

It is contended by learned counsel for the applicant that in the present case on the basis of the police report the cognizance has been taken thereafter the matter was transferred to C.B.C.I.D. for investigation who has submitted the final report. The complainant is first informant of case crime No. 4 of 2004 under sections 419, 420, 467, 468, 471 IPC, P.S. Kotwali (Sadar), Raebareli.

In reply of the above contention, it is submitted by learned A.G.A. that cognizance has been taken by the court concerned after further investigation or re-investigation, if the final report is submitted, the same may be used for of corroboration and contradiction. The interest of the applicant is not prejudiced by way of filing the subsequent police report.

Considering the submission made by learned counsel for the applicant, learned A.G.A. and from the perusal of the record it appears that the order dated 9.11.2010 has been passed after considering the merits of the case, it does not require any recall. The prayer for recalling the order dated 9.11.2010 is refused. So far as the submission of learned counsel for the applicant with regard to cognizance of the matter taken by the learned Magistrate on the basis of the charge sheet submitted by the local police is concerned, it may be considered by the learned Magistrate concerned.

Accordingly this application is disposed of.

Order Date :- 19.10.2011

RPD