Dharma Prakash Patwa vs The State Of U.P And Ors.
2017 Latest Caselaw 2759 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- U/S 482/378/407 No. - 4667 of 2014
 

 
Applicant :- Dharma Prakash Patwa
 
Opposite Party :- The State Of U.P And Ors.
 
Counsel for Applicant :- Dinesh Kumar Shukla
 
Counsel for Opposite Party :- Govt. Advocate,G.L.Shukla
 

 
Hon'ble Ravindra Nath Mishra-II,J.

(C.M.Application No. 35528 of 2017)

1. This application seeks recall of ex-parte order dated 02.03.2017, allowing petitioner under Section 482 Cr.P.C.

2. Learned counsel for the applicant has submitted that at the time of disposal of the petition, he was absent, hence his submission could not be considered. He has also submitted that applicants Sri Jagdamba Prasad and Sri K.N. Pandey are Government servants. They could not have been summoned in this case without obtaining sanction for prosecution. Further, he has submitted that the applicants should be given liberty to raise point of sanction at the time of framing charges.

3. Nothing prevents, accused from raising any point indicating his discharge from the case. No grant of liberty is required. Accused has right to raise point of sanction at the time of framing of charge.

4. Accordingly, this application for recall of order dated 02.03.2017 is rejected.

Order Date :- 28.7.2017

Pachhere/-