Vijay Kumar Panday And Ors. vs State Of U.P. And Anr.
2023 Latest Caselaw 15750 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:34913
 
Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 4853 of 2019
 

 
Applicant :- Vijay Kumar Panday And Ors.
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Anil Kumar Tiwari
 
Counsel for Opposite Party :- G.A.,Awanish Kumar Upadhyay
 

 
Hon'ble Shamim Ahmed,J.

(In Re: Criminal Misc. Application No. IA/4/2023)

Heard Shri Anil Kumar Tiwari, the learned counsel for the applicants and Shri Diwakar Singh, the learned A.G.A. for the State.

This is an application moved on behalf of applicants for recall of order dated 11.04.2023 passed by this Court, whereby the present application under Section 482 Cr.P.C. was disposed of.

Learned counsel for the applicants is pressing the present recall application on the ground that on 11.04.2023 arguing counsel was busy in other Court, thus, he could not appear on the date fixed and the order dated 11.04.2023 has been passed in his absence, directing the applicants to appear before the court concerned to obtain bail.

I have considered the considered the submissions made by the learned counsel for the applicants and go through the averments made in the affidavit filed in support of the present recall application.

The F.I.R. of the case in hand was lodged in the year, 2018 and there is allegation against the applicants for commission of offence under Sections 323, 307, 504, 506 I.P.C. I do not find any justified and convincing reason to recall the order dated 11.04.2023, which was rightly passed after considering the entire facts and circumstances of the case in view of several judgments of Hon'ble Supreme Court. Thus, no interference is required in the order dated 11.04.2023.

The present recall application is misconceived and is accordingly rejected.

Order Date :- 18.5.2023

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