Allahabad High Court
Ankit Srivastava @ Ankit Kumar ... vs State Of U.P. & Another on 16 March, 2021
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 26
Case :- U/S 482/378/407 No. - 3871 of 2019
Applicant :- Ankit Srivastava @ Ankit Kumar Srivastava
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Piyush Shrivastava,Arvind Kumar Srivastava
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Alok Mathur,J.
Crl. Misc. Application No.22938 of 2021 for condonation of delay in moving application for recall of order dated 14.12.2020.
Heard Sri Arvind Kumar Srivastava, learned counsel for the applicant as well as learned A.G.A. for the State.
The cause shown is sufficient. Application is allowed. The delay is condoned.
Order Date :- 16.3.2021 (Alok Mathur, J.)
RKM.
Case :- U/S 482/378/407 No. - 3871 of 2019
Applicant :- Ankit Srivastava @ Ankit Kumar Srivastava
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Piyush Shrivastava,Arvind Kumar Srivastava
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Alok Mathur,J.
Crl. Misc. Application No. 22936 of 2021-for recall of order dated 14.12.2020 and restoration along with
Heard Sri Arvind Kumar Srivastava, learned counsel for the applicant as well as learned A.G.A. for the State.
This application has been moved for recall of order dated 14.12.2020 and restoration of the petition. It is submitted on behalf of the applicant that opposite party No.2 had not filed counter affidavit in the above mentioned case and the petition was decided only on the oral arguments after hearing counsel for the State. He has also relied upon the judgment of Hon'ble Supreme Court in the case of S. Ramesh and others Vs. State Rep. by Inspector of Police and others passed in Criminal Appeal No.583 of 2019 to canvass that this Court has powers to recall such orders. A perusal of the order of this Court dated 11.4.2020 for recall of which instant application has been moved, clearly indicates that the same was passed after hearing learned counsel for the applicant as well as learned counsel for the State. Detailed reasons and factual matrix of the entire case as stated by the petitioner has been stated and dealt with by this Court therein.
Looking into the fact that learned counsel for the applicant by means of this application wants this Court to revisit the order on merits which actually amounts to seeking review of the order of this Court dated 14.12.2020, which is not permissible under the Rules of this Court. Even a perusal of the order of Apex Court as submitted by learned counsel for the applicant it is clear that while on the merits of that case Hon'ble Supreme Court considering the fact that concerned High Court had recalled its order but subsequently dismissed without assigning any reason. The said judgment is clearly distinguishable from the facts of the present case.
There is no ground for interference as sought for by learned counsel for the applicant. The application is devoid of merits and is hereby rejected.
Order Date :- 16.3.2021 (Alok Mathur, J.)
RKM.
