Court No. - 45
Case :- CRIMINAL APPEAL No. - 3546 of 2005 Appellant :- Dev Nath And Others Respondent :- State of U.P.
Counsel for Appellant :- Santosh Kuamr Mishra,Ayank Mishra Counsel for Respondent :- Govt. Advocate
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Recall Application No. 3 of 2019 supported by an affidavit is taken up.
This application has been filed with a prayer to recall the order dated 27.11.2019 passed by this Court whereby non bailable warrants were directed to be issued against the appellant No.-2 (Moti), appellant No. 3 (Surendra) and appellant No. 4 (Subhash) due to absence of their counsel.
Appellant No. 2 and 3 are personally present before this Court and have been identified by their counsel.
Since the appellants No. 2 and 3 are represented by their counsel, we, therefore, recall the order dated 27.11.2019 to the extent of issuing non-bailable warrants to the appellant Nos. 2 & 3.
Recall application is partly allowed.
The appellant No.-4 (Subhash) has not appeared before this Court.
Let a reminder be sent to the Chief Judicial Magistrate, Gorakhpur to ensure the compliance of the order dated 27.11.2019, so far as appellant No. 4 is concerned.
List this appeal on 9.1.2020 alongwith the report of the C.J.M., Gorakhpur as well as office report.
Order Date :- 18.12.2019 SY