RAMLAKHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed by the petitioners/accused persons under Sec. 482 of the Cr.P.C. for recalling the order dtd. 14/1/2026 passed in M.Cr.C. No.33429/2022 whereby this Court directed the police authorities to arrest the present petitioners immediately and produce before the competent authorities without any delay.

(2.) Learned counsel for the petitioners submitted that the M.Cr.C. No.33429/2022 had already become infructuous before passing of the order dtd. 14/1/2026 as the petitioners had acquitted of all the charges in the concerning case S.T. No.288/2016. But, the aforesaid order has been passed behind the back of the petitioners. The petitioners had surrendered before the trial on 16/7/2022 and thereafter trial of ST No. 288/2016 was concluded vide order dtd. 24/12/2022, whereby the petitioners and other accused persons have been acquitted and thereafter complainant himself had filed a criminal revision No.Cr.A. No.1542/2023, which is pending consideration before this Court. Before passing of the aforesaid order dtd. 14/1/2026, notices were not issued to the present petitioners, therefore, they were not aware of the order dtd. 14/1/2026. At the time of arguments on 14/1/2026, the complainant's counsel did not disclose fact that trial was already concluded. Hence, the order dtd. 14/1/2026 passed in M.Cr.C. No.33429/2022 may be recalled in the interest of justice.

(3.) Learned counsel for the respondent/State opposed the prayer. However, Shri Yash Sharma- Advocate, who had appeared before this Court on 14/1/2026 on behalf of the complainant, did not dispute the aforesaid averments made by the counsel for the petitioner and even he raised no objection in this regard.