MOHD YASEEN Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals are inter-linked. The order under challenge in Crl.A.No.1039 of 2001 relates to an order dated 15.12.2000 passed by a learned Single Judge of the Allahabad High Court dismissing the application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code'). The said application was filed to recall the order dated 27.7.2000 passed in Criminal Revision No.489 of 1986. The said order is the subject matter of challenge in Crl.A.No.1040 of 2001. A brief reference to the factual aspects would suffice.

(2.) The appellant was convicted for an offence punishable under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 (in short the 'Act'). The learned Judicial Magistrate (Economic Offences), Bareilly, found the accused guilty and convicted him as afore-noted and sentenced him to rigorous imprisonment for one year and to pay a fine of Rs.2,000/- with default stipulation.

(3.) The appeal preferred was dismissed by the learned Additional Sessions Judge, Bareilly. A revision was filed before the High Court. On the date fixed i.e. 27.7.2000 none appeared for the appellant. Shri S.A.N. Shah, advocate who appeared stated that he has no instructions to conduct the case. The High Court perused the records and after hearing learned Government Advocate found that the appellate Court had elaborately dealt with the evidence on record and on perusal of the materials on record had rightly dismissed the petition. An application to recall the order was purportedly filed under Section 482 of the Code stating that Shri S.A.N. Shah was not the authorized lawyer. The revision petition in fact had been filed by Shri U.N. Sharma whose name was not printed in the cause list.