Court No. - 28
Case :- APPLICATION U/S 482 No. - 3884 of 2008 Applicant :- Smt. Kishwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajeev Misra,J.
Case called out in revised list. No one appears to press this application. Learned A.G.A. for State is present.
Present application under section 482 Cr. P. C. has been filed challenging order dated 7.11.2007 passed by Family Judge, Agra. in Case No. 46 of 2007 (Dilshad Vs. Smt. Kishwar), whereby Court below has allowed the recall application filed by opposite party No. 2 praying for recall of ex-parte order dated 2.4.2004 allowing the application under section 125 Cr. P. C. filed by opposite party No. 2 and restored the case to its original number and status.
Perused the record.
In view of the mandatory provisions contained in Section 362 Cr. P. C. recall application filed by opposite party No. 2 before Court below was not maintainable. Reference in this regard be made to the order dated 19.9.2019 passed in Criminal Misc. Recall Application No. 4345 of 2017 in Criminal Misc. Application No. 38644 of 2016 (Jaspreet Singh Garewal Vs. State of U.P. and another), wherein it has been held that subordinate Courts have no inherent power of recall.
In view of above, impugned order dated 7.11.2007 passed by Court below cannot be sustained. It is, hereby, quashed.
The application is allowed.
Order Date :- 26.11.2019 HSM