MAHENDRA PRATAP Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Aggrieved by an order dated 19-12-1992 of the Special Judge (E. C. Act), Bulandshahr recalling his order dated 18-12-1992 allowing the bail plea of the applicant, this application under S. 482, Cr. P.C. has been filed.

(2.) The application for bail was moved without serving copy on the public prosecutor and was disposed of by the Special Judge without notice to the prosecutor. On the mistake being detected, the recall order was passed, the application directed to be posted for hearing on merits, and non-bailable warrant issued.

(3.) The contentions of the applicant that it was not necessary to give notice to prosecutor and the order could not be recalled without cancellation application being moved, are untenable. Notice to prosecution to oppose the bail application is mandatory under S. 12AA of the E. C. Act as amended in U. P. under law a Court not only has power but is duty bound to recall an order which is a result of mistake of Court.