Shankar And Others vs State Of U.P. Thru. Secy. Deptt. Of ...
2022 Latest Caselaw 16129 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5637 of 2022
 
Petitioner :- Shankar And Others
 
Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home And Others
 
Counsel for Petitioner :- Vijay Kumar Mishra
 
Counsel for Respondent :- G.A.,Kaushal Mani Tripathi
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Saroj Yadav,J.

(C.M. Application No./IA/2 of 2022: Application for Condonation of Delay)

Case is called out. None appears on behalf of petitioners to press this petition. However, Shri Kaushal Mani Tripathi, learned counsel for complainant/respondent no.3 and Shri Ganesh Gupta, learned Brief Holder for State-respondents are present.

The instant application has been filed seeking condonation of delay in filing the application for recall of order dated 5.08.2022 passed by this Court.

Cause shown in the affidavit filed in support of the application for condonation of delay is sufficient.

Accordingly, the instant application is allowed and the delay in filing recall application is hereby condoned.

(C.M. Application No./IA/3 of 2022: Recall Application)

The present recall application has been moved on behalf of respondent no.3, seeking recall of the order dated 05.08.2022 passed by this Court.

It transpires from the perusal of the order dated 05.08.2022 that counsel for respondent no.3, who is complainant was heard while passing the order dated 05.08.20222 by which the writ petition was allowed in light of the judgment of Apex Court in Manoj Sharma vs. State reported in (2008) 16 SCC 1, as compromise taken place between the parties.

Shri Kaushal Mani Tripathi, learned counsel for complainant states that from the order dated 05.08.2022 compromise entered between the parties was misleading and on the basis of forged and fabricated document.

Considering the aforesaid facts and circumstances of the case and it is apparent that respondent no.3 was represented by Shri Satyendra Kumar Tripathi, who was heard while the petition was allowed on the basis of compromise entered between the parties, hence, the present recall application is rejected.

(Mrs. Saroj Yadav, J.)    (Ramesh Sinha, J.)
 
Order Date :- 4.11.2022
 
Shubhankar