LAXMI PRASAD SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants are facing trial for commission of offence punishable under Section 498A/34 of IPC. The criminal court framed charges against them on 28.10.2013 which was challenged by the applicant by way of criminal revision registered as criminal revision No. 35 of 2014. The said revision was fixed for hearing on 03.07.2014. On that day, the revision was dismissed for want of prosecution by the Additional Sessions Judge, Korba, holding that when the matter was called on for hearing, noneappeared on behalf of applicants to prosecute the revision.

(2.) Thereafter, the applicants filed an application for recalling of order dated 03.07.2014 which was also dismissed on 27.07.2014 holding that there is no provision in the Code of Criminal Procedure for recalling of order.

(3.) The applicants herein are challenging dismissal order of revision as well as refusal to recall dismissal order of revision stating that criminal revision could not have been dismissed in default and further, the order dismissing revision in default is not a judgment within the meaning of Section 362 of Cr.P.C. and therefore, there is no bar to recall that order, and as such, orders dated 03.07.2014 and 27.07.2014 be set aside and revision be restored to its original number.