OM PRAKASH ARORA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application has been filed by the applicants for recalling the orders dated 17.9.1991 and 25.2.1991 passed by this court in Criminal Revision No. 345 of 1989, Om Prakash Arora and two others v. State of Uttar Pradesh.

(2.) The facts of the case are that the present applicants filed Criminal Revision in question praying that the order dated 24.12.1988 passed by the Chief Metropolitan Magistrate, Kanpur Nagar, summoning the applicants under section 420/467/468. I.P .C. be quashed. The revision was admitted by this court on 8.3.1989. It was listed for hearing on 25.2.1991. However on that date the applicants or their counsel were not present but the counsel for the opposite parties were present. The revision was directed to be dismissed in default of the counsel for the applicants. The stay order granted earlier was also vacated.

(3.) Subsequently the applicants moved an application on 16.5.1991 praying that the order dated 25.2.1991 dismissing the revision in default be recalled. It was asserted by the applicants that Sri S.K. Misra, Advocate was their counsel in the revision while Sri Rajeswari Prasad was the senior Advocate. Sri S.K. Misra had shifted to Delhi for practicing at Supreme Court and Sri Rajeshwari Prasad. Senior Advocate was ill and for this reason the applicants or their counsel could not appear in the court on the date fixed. It was further asserted that actually Sri D.P. Singh was not engaged by the applicants in this case. He was engaged in another case and for this reason Sri D.P. Singh also did not appear in this case. It was asserted that the applicants were informed by neighbour that there was rumour that the revision has been dismissed in default. That application was opposed by the opposite parties and after hearing the parties on merits. I rejected the application by order dated 17.9.199 1 holding that no sufficient ground for recalling the order of dismissal had been made out. The applican4 have now again moved the present application praying that the order dated 17.9.1991 and also the earlier order dated 25.2.1991 be recalled.