VIJAI PRATAP SINGH Vs. STATE OF UP

JUDGEMENT

(1.) THIS is an recall application moved on behalf of the petitioners applicants vijai Pratap Singh and others praying for recall of the order dated 18-12-2007 passed in Cri. Misc. Case No. 2368 of 2006 and a direction for restoration of the case to its original number for hearing.

(2.) HEARD learned counsel for the applicants, learned A. G. A. and perused the record.

(3.) LEARNED counsel for the applicants submitted that the Cri, Misc. Case No, 2368 of 2006, Vijai Pratap Singh alias Pinkoo and others v, State of U. P. and another was listed on 18-12-2007 in the cause list in Court No. 28 at serial No. 34 and by way of notice the cases from Court No. 28 were transferred to court No. 22 and thus the file was placed before Hon. V. D. Chaturvedi, J. on 18-12-2007. The information about notice for transferring of cases from Court No. 28 to court No. 22 came to the knowledge of the counsel for applicants very late. Therefore, the petition was decided in absence of the counsel of the petitioners without hearing him vide order dated 18-12-2007. It has further been contended that lack of information about transfer of case and fault on the part of the counsel for the petitioners was inadvertent and is highly regretted and that, the petition involves some pertinent factual and legal question relating to law and it is expedient in the interest of justice that opportunity of hearing be provided to the counsel of petitioners and the order dated 18-12-2007 be also recalled. It has been further contended that thereafter, this recall application was moved on 20-12-2007, upon which Hon. V. D. Chaturvedi, J. has ordered in the Court for restoration of the petition but the same was not signed while the order has been transcribed on the back of the application. It is further contended that there is latest decision of Apex Court in madhumilan Syntex Ltd. and others v. Union of India and another reported in (2008) 1 scc (Cri.) 143 : (AIR 2007 SC 1481) that restoration application is maintainable regarding the orders passed under Section 482 cr. P. C. for dismissal of petition in the absence of the counsel.