Allahabad High Court
Kumari Shakuntala Devi And Others vs State Of U.P. on 10 June, 2022
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 49
Case :- CRIMINAL REVISION No. - 2095 of 2000
Revisionist :- Kumari Shakuntala Devi And Others
Opposite Party :- State of U.P.
Counsel for Revisionist :- G.P.Dikshit,P.Dikshit
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ashutosh Srivastava,J.
The present revision has been filed seeking recall of the order dated 13.01.2017 whereby the revision was dismissed. A prayer to restore the criminal revision to its original number and hear the revision on merits has been made.
It is contended on behalf of the revisionist, seeking recall of the order dated 13.01.2017, that the criminal revision was filed against the order dated 25.08.2000 passed by the 3rd Additional Sessions Judge, Ballia, summoning the revisionists to face the trial under Sections 363, 366, 376 I.P.C. in Sessions Trial No.55 of 2000 (State of U.P. Vs. Rajesh and others). This Court vide order dated 25.08.2000 passed an order admitting the revision, called for the records and in the meanwhile stayed the operation of the order dated 25.08.2000. The revision was thereafter listed on 13.01.2017 (after 17 years) showing the name of Sri G. P. Dixit, as counsel for the revisionist. However, the said counsel had already died in the year 2016 and consequently no one could appear before the Court when the case was called out. On 13.01.2017 the Court passed the following order:-
"The instant criminal revision is listed under the category "for group of cases likely to be infructuous"
List has been revised. None appears on behalf of the revisionist to press this revision.
Heard learned AGA for the State and perused the record and impugned judgement and order dated 25.8.2000 passed by IIIrd Additional Sessions Judge, Ballia whereby the revisionists were summoned to face trial under sections 363, 366, 376 IPC.
I have perused the impugned judgement and order which clearly reflects that the court below on the basis of perusal of the case diary, first information report and statement of the prosecutrix recorded u/s 164 Cr.P.C. and material evidence on record prima facie held that the revisionists are involved in the case thus they have rightly been summoned to face trial u/s 363, 366, 376 IPC.
I do not find any illegality or infirmity in the impugned judgement and order. Thus, the present criminal revision lacks merit and is accordingly dismissed on merits as well as for want of prosecution."
As a consequence of the dismissal of the revision, non-bailable warrant was issued against the revisionists on 03.03.2020. Thereafter, general dates were fixed on account of the spread of Covid-19 Pandemic. Ultimately, the non-bailable warrant was sought to be enforced against the revisionists and they have been compelled to approach this Court seeking recall of the order dated 13.01.2017. Reliance has been placed on a decision of the Apex Court dated 16.11.2020 in the case of Parveen Vs. The State of Haryana (Criminal Appeal No.750-751 of 2020) to submit that revision could not have been dismissed for non-prosecution in the absence of Counsel. The Apex Court set aside the order of dismissal, restored the revision to the file and directed it to be decided on merits. Reliance is also placed upon an order passed by Coordinate Bench relying upon the decision of the Apex Court in the case of Parveen Vs. The State of Haryana (Supra). It is thus prayed that the application be allowed.
I have heard learned counsel for the revisionists and gone through the contents of the affidavit filed in support of the recall application. I find that the order dated 13.01.2017 dismissing the revision is an order on merits of the case. The revision has been dismissed both on merits and for want of prosecution. The case of the revisionists cannot be equated to that of Parveen (Supra) relied upon by the revisionists. The case of Parveen (Supra) arose from an order of conviction under the Arms Act. The Apex Court opined that the High Court ought to have appointed an Amicus Curiae in the absence of the counsel for the revisionist and proceeded to hear the matter on merits. This is not the situation here. The present criminal revision arises out of an order summoning the revisionists to face trial under Sections 363, 366, 376 I.P.C. It does not arise out of an order convicting the revisionists under the aforesaid sections. The Court while dismissing the revision both on merits and for non-prosecution has noted that the revisionists have rightly been summoned to face trial under Sections 363, 366, 376 I.P.C.
The question whether in view of the bar of Section 362 Cr.P.C. the judgment and order rendered by a Coordinate Bench can be recalled though passed in the absence of the counsel was considered extensively by a Coordinate Bench of this Court in Criminal Misc. Recall Application No.3 of 2020 in Criminal Revision No.1649 of 1989 along with connected matters and the Court vide order dated 16.12.2020 in para 44-46 observed as under:-
"44. This bar has been provided by the legislature intentionally so as to put a safeguard that the final judgment and orders are not altered or reviewed now and then. Apex Court has also felt that if any leverage is granted and the orders are permitted to be recalled on the ground of absence of counsels, it would cause great chaos and thus has propounded six legal propositions wherein the Courts can decide the cases in absence of counsel only after perusal of record and the same can be remedified only by the higher Court.
45. Thus, in view of the law laid down by the Apex Court, no judgment or order can be altered, reviewed or recalled in view of bar under Section 362 Cr.P.C.
46. In the result, all the recall applications are hereby rejected."
In view of the above, while concurring with the decision dated 16.12.2020 passed in Criminal Misc. Recall Application No.3 of 2020 in Criminal Revision No.1649 of 1989, the Court is left with no option but to dismiss the revision. The recall/restoration application is, accordingly, dismissed.
Order Date :- 10.6.2022/pks
