Citation : 2016 Latest Caselaw 5282 ALL
Judgement Date : 17 August, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Criminal Misc. Correction Application No.251074 of 2016 In Case :- APPLICATION U/S 482 No. - 21648 of 2016 Applicant :- Tufail Ahmad And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Naheed Ara Moonis,J.
Recall application has been moved with a prayer to recall the order dated 3.8.2016 which has wrongly been transcribed.
It is submitted by learned counsel for the applicants that initially an application under section 156(3) Cr.P.C. moved by opposite party no.2 in which summoning order was passed against two persons, namely, Tufail Ahmad and Nurulhoda to face trial under sections 323, 498A I.P.C. and section 3/4 Dowry Prohibition Act vide order dated 4.2.2016. The opposite party no.2 preferred a revision before learned Sessions Judge, Maharajganj and the said revision was allowed vide judgement and order dated 2.7.2016 and set aside the order dated 4.2.2016 passed by the court below and directing the court below to pass a fresh order in the light of documents produced by the parties.
In this view of the matter, the order under challenge by the applicants is premature and as such the petition is dismissed at this stage. Accordingly, the recall application is allowed and the order dated 3.8.2016 passed by this Court shall be treated as nugatory. This instant petition is hereby dismissed.
Order Date :- 17.8.2016
RU
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