NAND KUMAR & ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE instant Criminal Miscellaneous Application No. 574/2005, Nand Kumar & Another v. State, was finally adjudicated by this Court vide judgment and order dated 23.3.2012, whereby this petition was dismissed. Now, the present MCRC Application No. 248/2012 has been moved seeking recall of the said judgment and order. Heard learned Senior Counsel for the accused applicants as well as learned Counsel for the State.

(2.) FIRST and foremost contention of the learned Sr. Counsel for the applicants is that while passing the judgment and order, sought to be recalled, the accused applicants was not represented before this Court by a Counsel, well conversant with law. The petition was argued by Mr. B.D. Pandey, Advocate, who was holding the brief of Mr. H.C. Pathak, Advocate, for the applicants. Learned Senior Counsel submitted that Mr. Pandey did not properly argue the matter, and failed to bring the correct position of law before this Court, and as a result thereof, the petition was dismissed.

(3.) BE that as it may, the main question that arises at this stage is whether after finally adjudicating a petition under Section 482 CrPC, this Court is empowered to review the same on its merit