PRANAY KRISHNA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajendra Prasad Mishra, the learned counsel for the applicants and Sri Hans Raj Verma, the learned A.G.A. and perused the record.

(2.) By means of the present application filed under Sec. 482 Cr.P.C., the applicant has sought recall of an order dtd. 24/3/2022 passed by a Co-ordinate Bench of this court in Crl. Revision No.584 of 2016 whereby the revision filed by the opposite party No.2 was allowed after hearing submissions of the learned Counsel for the revisionist and the learned Additional Government Advocate, recording that nobody had put in appearance on behalf of the opposite party no.2 (the applicant in the present case). The learned Counsel for the applicant is seeking recall of the order dtd. 24/3/2022 on the ground that notice of the revision had not been served on the applicant personally and, therefore, the applicant could not appear in that revision and the order was passed ex-parte against him.

(3.) The learned AGA has raised a preliminary objection that for recall of an order passed by a Co-ordinate Bench in a Criminal revision, a separate application under Sec. 482 Cr.P.C. will not be maintainable and the applicant ought to have filed a miscellaneous application for recall of the order in the Criminal Revision itself.