RAKESH KUMAR KESHARWANI Vs. STATE OF U P

JUDGEMENT

(1.) THE main question which falls for consideration is whether the order deciding criminal revision on merit in the absence of any or both parties can be recalled.

(2.) HEARD Sri Sunil Kumar, learned Counsel for the applicant, learned A.G.A. for the State and Ms. Anita Singh, learned Counsel for opposite party No. 2 and perused the record.

(3.) IT was submitted by learned Counsel for the applicant that although Criminal Revision No. 139 of 2001 has been decided on merit by this Court vide order dated 16 -7 -2007, but since the Counsel for the revisionist was not heard, hence, this Court in exercise of its power under Section 482, Cr.P.C. can recall that order and restore the revision to its original number. It was also submitted by learned Counsel for applicant that he could not come to Court on 16 -7 -2007 at the time of argument in revision as he was arguing a bail application in Court No. 48.