Ram Saram Mishra And Another vs State Of U.P.And 2 Ors.
2018 Latest Caselaw 1520 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
(C.M. Application No.15957 of 2018)
 
In Re:-
 
Case :- CRIMINAL REVISION No. - 497 of 2004
 

 
Revisionist :- Ram Saram Mishra And Another
 
Opposite Party :- State Of U.P.And 2 Ors.
 
Counsel for Revisionist :- S.C.Srivastava,Manoj Kumar Misra
 
Counsel for Opposite Party :- Govt.Advocate,P.S.Mehra
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Manoj Kumar Mishra, learned counsel for the applicant-revisionists, learned Additional Government Advocate for the State-respondents and Sri Desh Dipak Singh, Advocate holding brief of Sri P.S. Mehra, learned counsel for the opposite party No.3.

Learned counsel for the revisionists has filed the aforesaid application for recall of order dated 12.01.2018 passed by Hon'ble Anil Kumar Srivastava-II,J.

By means of order dated 12.01.2018, this Court was pleased to dismiss the revision for the reason that the same has not been admitted and no one has appeared to press this revision, therefore, the revision has been dismissed at the admission stage. However, the then counsel for the revisionist has not filed application for recall of the said order, while this application has been filed by the subsequent counsel.  In the said application, the learned counsel for the revisionist has filed the documents/ orders of the Court and has submitted that this revision was connected with the Criminal Revision No.449 of 2004, which was admitted and in the said criminal revision an interim order was granted.

Learned counsel for the revisionist has not categorically indicated the reasons as to why the revision in question could not be attended by the then counsel for the revisionist. Therefore, one week's time is granted to the learned counsel for the revisionist to file supplementary affidavit indicating the reasons as to why the criminal revision in question could not be attended on 12.01.2018.

List this case on 27.07.2018 before appropriate Bench and office is directed to verify the present position as to whether the order dated 12.01.2018 can be recalled by any other Court except the Court from where the order dated 12.01.2018 has been passed.

Order Date :- 13.7.2018

Suresh/

[Rajesh Singh Chauhan,J.]