MOHAMMOOD Vs. MAIMON KHATUN

JUDGEMENT

(1.) This revision petition has been preferred praying for recalling of the judgment and order dated 7.9.93 passed in Criminal Revision No. 224/87.

(2.) The matter was pending before this court since 1987 and this court by order dated 7.9.93 disposed of the matter under its revisional jurisdiction. Under section 403 CrPC option has been provided to the revisional court. Section 403 CrPC reads as follows:

(3.) Recall of the judgment dated 7.9.93 on the ground of not giving opportunity to the counsel of the petitioners as a matter of right is not sustainable, as the revisional jurisdiction conferred on court, is discretionary. This court after going through the papers decided the matter and the order of the Executive Magistrate dated 27.1.86 has been restored by setting aside the judgment and order dated 4.4.87 passed by the Sessions Judge in Criminal Motion No. 12(1)786.