Court No. - 45
Case :- CRIMINAL REVISION No. - 3416 of 2011 Revisionist :- Ramshree Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- K.K. Shukla Counsel for Opposite Party :- Govt. Advocate,R.S.Yadav
Hon'ble Siddharth,J.
List has been revised.
No one appears on behalf of the revisionist to press this revision.
Heard learned AGA for the State.
This revision has been filed against the order dated 19.02.2010 passed by the Sub-Divisional Magistrate / Special Judicial Magistrate, Sikandrarau, District Mahamayanagar in Case Crime No.880 of 2009 under Section 198 A (2) UPZA&LR Act whereby he has recalled his own order dated 19.02.2010. The Court below has recorded a finding that earlier the applicant by concealing material facts got the order dated 19.02.2010 passed by the Court whereby he directed to register first information report against the accused persons. From the material on record the learned Magistrate found that the accused has not taken any illegal possession over the plot in dispute and therefore the order was incorrectly passed by him on the basis of incorrect facts. Accordingly, the order was recalled after going through the material on record and the various inquiry reports submitted by the Tehsil authorities.
There is inherent power to every Court to recall the order which is passed by the court on mis-representation of facts by either party to the dispute since fraud vitiate all proceedings. The order passed by the court below does not suffers from any legal infirmity.
Revision is, accordingly, dismissed.
Order Date :- 21.8.2018 SS