STATE OF U P Vs. GAURI SHANKAR

JUDGEMENT

(1.) This Criminal Revision preferred under Section 397/401 Code of CriminalProcedure 1973 (for short the Code) on behalf of the State of D.P. was admitted on 17.4.1987 by ADivision Bench consisting of Honble K.J. Shetty as his Lordship then was and one of us (B.L. Yadav J.) and the delay of about 146 days was condoned without issuing notices to the opposite parties the present applicants.

(2.) The revision is directed against the order dated 21st July 1984 passed by Special/Additional Sessions Judge Bulandshahr. Fact of the case need not detain us much as the same are admitted.

(3.) In a case under Section 3/7 of Essential Commodities Act (for short the Act), P.S. Khurja, Distt. Bulandshahr, process was issued by the order dated 20.3.1984 passed by the Magistrate against the opposite parties. Against that order the accused opposite parties preferred a revision before the Sessions Judge and the same was allowed without assigning any reason and the order directing the process to be issued was set aside by the impugned order dated 3lstJuly 1984. Against that order, on behalf of State, a belated criminal revision was filed accompanied by an application under Section 5 of the Limitation Act for condonation of delay. The delay of 146 days in filing the revision was condoned without issuing notice to the opposite parties and the revision was admitted same day by a Division Bench of which one of us (Honble B.L. Yadav, J.) was a party, and notices were directed to be issued to the opposite parties. An application has been filed on behalf (If opposite parties with the prayer that the order condoning delay without issuing notices to the opposite parties and admitting .the revision may be recalled. Earlier matter was listed before learned Single Judge but later on, as the order condoning delay and admitting revision was passed by a Division Bench, matter has been placed before a Division Bench and this is how the matter has come before us.