HARI PRAKASH SAXENA Vs. PRATIBHA SAXENA

JUDGEMENT

(1.) -This is an application moved on behalf of Smt. Pratibha Saxena for recalling the order dated 6.4.2006, passed by me in Criminal Misc. Restoration Application No. 55171 of 2006 and the order dated 17.2.2006, passed in Crl. Misc. Recall Application No. 155441 of 2005 and the order dated 27.7.2005, passed in Crl. Misc. Transfer Application No. 165 of 2005, Hari Prakash Saxena v. Smt. Pratibha Saxena.

(2.) THE facts relevant for disposal of the present application are that Hari Prakash Saxena had filed Transfer Application No. 165 of 2005 in this Court for transfer of Misc. Case No. 840 of 2003 and Misc. Case No. 1025 of 2003 arising out of Case No. 1050 of 1998, Pratibha Saxena v. Hari Prakash Saxena pending in the court of Chief Judicial Magistrate, Shahjahanpur to any Court outside Shahjahanpur.

(3.) THE learned counsel for the applicant cited before me a ruling of this Court in Mohammad Mian v. State of U. P., 1981 ACR 292. This was a case of criminal appeal filed by the accused against his conviction order. Since none appeared on behalf of the appellant on the date fixed for its hearing, the appeal was taken up and decided without hearing any one for the appellant. THEreafter an application was moved for recalling the above order. That application was allowed by the Court. It may be mentioned that there is no controversy on this point that a criminal appeal filed against conviction order cannot be decided without hearing either the appellant in person or his counsel. An order passed in a criminal appeal without hearing the appellant is bad in law, and such an order was liable to be set aside. It was rightly set aside in the above case.