RAM SHIROMANI PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application seeking recall of the order dated 28.9.2010 passed by Hon'ble Abdul Mateen, J. In support of application, an affidavit has been filed by Smt. Shanti @ Jhunka that Writ Petition No. 4500 (M/S) of 2013 was dismissed on 16.7.2013 on the ground that order dated 28.9.2010 be first corrected. Moreover, the order sought to be recalled was passed behind the back of petitioners. Some factual contentions have also been raised.

(2.) SUPPLEMENTARY affidavit has been filed by Smt. Shanti @ Jhunka stating therein that statement of Ram Shiromani Pandey under Section 161 Cr.P.C. was recorded wherein he is said to have named 09 persons as accused but he did not name Ganga Deen, Jhunka, Sita, Putta, Hansh Raj and Bhagauti Deen. It is stated that as an after thought, names were added and 'the fraud has been committed in the affidavit of Sadhu Ram'.

(3.) I have heard Sri Janardan Prasad, learned counsel for the applicants and Sri S.K. Singh, learned counsel for the respondent.