Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 12933 of 2018
Petitioner :- Krishna Kumar Sharma
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Bharat Singh,Rahul Saxena
Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Criminal Misc. Recall/ Restoration Application No.2 of 2018.
List has been revised.
Sri Manish Pandey, learned counsel for the respondents, states that he has informed Sri Rahul Saxena, learned counsel appearing on behalf of the petitioner, in writing by letter dated 21.09.2018 for the case being taken today in the additional cause list, the same is taken on record.
Despite information no one appears on behalf of the petitioner. Heard Sri Manish Pandey, learned counsel for the respondents.
The argument is that opposite party no.5 has already preferred a revision against the order of the Magistrate under Section 133 Cr.P.C on 12.03.2018 and this fact was not disclosed in the writ petition and the order dated 21.06.2018 was obtained from this Court concealing material fact.
In view of the fact that revision has already been preferred against the order of Sub-divisional Magistrate dated 08.02.2018, the order passed by this Court on 21.06.2018 is hereby recalled. The recall application is allowed.
Order on Petition.
This writ petition is not maintainable at this stage since the order passed by the Sub-Divisional Magistrate is already under challenged before the revisional court.
The writ petition is, accordingly, dismissed.
Order Date :- 24.9.2018 SS