HARI PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) This application for recall of order dated 1.2.2002 has been moved with the prayer to condone the delay and set-aside the order dated 1.2.2002. The delay is condoned.

(3.) The grounds taken in the application are that the applicant has engaged Sri M.P. Singh, Advocate, who had filed this Revision No.814 of 1986 on 27.5.1986, pursuant to which the applicant was released on bail on 28.5.1986. Later on Sri M.P. Singh was elevated to the Bench so Sri Shashi Nandan, Advocate filed his Parcha on 9.11.1987. The lower court record was summoned but the same was not received. Sri Ashok Kumar Srivastava was never engaged by the applicant, who had argued the said case and Sri Shashi Nandan or Sri Ashok Kumar Srivastava never intimated about the hearing of the case and ultimately when the execution warrant was issued on 26.6.2003, then the applicant came to know about dismissal of the said revision for the first time and came at Allahabad on 1.7.2003 and engaged Sri R.P. Tripathi, Advocate to file present recall application. Although other grounds have also been taken regarding merits of order dated 1.2.2002 and various amendments to the Uttar Pradesh Foodgrains Dealers' (Licensing and Restriction on Hoarding) Order, 1976 have been narrated so as to justify that the applicant has not committed any offence. It has also been mentioned in para 14 of the application that impugned order dated 1.2.2002 is ex-parte without giving any opportunity to the revisionist.