Court No. - 34
Case :- APPLICATION U/S 482 No. - 6325 of 2001 Applicant :- Daya Shanker Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
Re: Criminal Misc. Delay Condonation Application No. 72064 of 2016
1. This is an application seeking condonation of delay in filing recall/restoration application.
2. Heard.
3. Cause shown is sufficient.
4. Delay in filing recall/restoration application is hereby condoned.
5. The application is accordingly allowed.
In Criminal Misc. Recall/Restoration Application No. 72074 of 2016
1. This Recall/Restoration application has been filed seeking recall of order dated 22.10.2010 whereby application u/s 482 Cr.P.C. No. 6325 of 2001 was dismissed as infructuous.
2. Heard Sri Ajay Kumar Srivastava, learned counsel for applicant and perused the record.
3. I find that Recall/Restoration application has been filed without showing any provision under which such application can lie.
4. When questioned, learned counsel for applicant also could not show any provision under which such order can be recalled.
5. However, from perusal of record I find that police submitted final report whereagainst complainant filed protest petition. Statement of complainant and other witnesses were recorded under Sections 200 and 202 Cr.P.C. and being satisfied, concerned Magistrate summoned accused-applicant vide order dated 21.04.2001 to face trial under Sections 504 and 506 IPC. Against summoning order, opposite party-2 preferred revision which has been allowed vide order dated 27.07.2001 whereby Revisional Court, in addition to aforesaid sections, summoned the revisionist to face trial under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 also. I do not find any manifest error or otherwise illegality, procedural or otherwise, so as to justify interference in the present application.
summoning order.
6. In view of the above, this application is accordingly rejected.
Order Date :- 30.7.2019 Siddhant Sahu