ANJANAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By this interlocutory application made under Section 482 of the Code of Criminal Procedure, the applicant respondent-2 in Cr.R.P.No. 690/87, finally disposed of by the order dated 8-1-1988, has sought to recall the said order, to restore the revision & to rehear on merits.

(2.) The application is pressed on the ground that although the applicant had engaged a Counsel, but by mistake of the office the power was mislaid in the office and he was shown as unrepresented and had no opportunity of being heard in the matter. The application is stoutly opposed by the otherside, who had filed the revision and has succeeded in getting reversed the order made in favour of the applicant.

(3.) The order under challenge in the revision was regarding disposal of property (gold ingot said to be now worth Rs.24,000/-) in a criminal case which had ended in acquittal. The Magistrate had directed to return the same to the applicant and the Sessions Judge had confirmed that order and by the order dated 8th January, 1988, in reversal of the orders of the Courts below, it has been permitted to be returned to the complainant-petitioner in Cr.R.P. No. 690/87.