USHA P Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Lohitaksh Shukla, learned counsel appearing for the applicants in Criminal Misc. Application No.31185 of 2017 (petitioners in main petition filed under Section 482 of Cr.P.C.). These applicants will hereinafter be referred to as 'the petitioners'. Learned Additional Government Advocate representing the State of Uttar Pradesh and Shri Rajiva Dubey, learned counsel representing the opposite party no.3-Rajesh Kumar Pandey have also been heard.

(2.) Misc. Application No.31185 of 2017 prays for recalling the order dated 01.09.2014 passed by this Court, whereby the petition under Section 482 of Cr.P.C. was disposed of with liberty to the petitioners to file a fresh petition before this Court.

(3.) At the outset, learned counsel appearing for the opposite party no.3-Rajesh Kumar Pandey has submitted that in view of the bar contemplated under section 362 of Cr.P.C., once the main petition under section 482 of Cr.P.C. was disposed of by this Court vide order dated 01.09.2014, this Court has become functus officio and as such the application moved seeking recall of the said order is not maintainable and is liable to be rejected.