SAHAB SINGH AND ANOTHER Vs. NEETA

JUDGEMENT

(1.) Petitioners have filed this application for recall of order dated 14.10.2011 whereby main petition bearing Criminal Misc. No. M-18011 of 2008 filed by the petitioners under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) was dismissed on merits.

(2.) The main case was listed for hearing on 14.11.2011 but none appeared for the petitioners. Their counsel Dr. Vikas Vashishth, Advocate, Sonepat was contacted on his telephone by the staff of this Court but Mr. Vashishth told that the brief had been taken from him by the petitioners after obtaining 'no objection' from him for engaging some other counsel and Mr. Vashishth thus told that he was not to appear for the petitioners in this case. None else either appeared for the petitioners. Consequently, this Court after hearing counsel for respondent, dismissed the aforesaid main petition on merits vide detailed order dated 14.10.2011.

(3.) Petitioners have alleged in the instant application that the petitioners engaged new counsel after taking brief from Mr. Vashishth but when new counsel Mr. Dinesh Arora, Advocate checked the status of the case, it transpired that the case had already been decided. Accordingly, petitioners have moved this application for recall of order dated 14.10.2011 and for rehearing the main case and for fresh adjudication thereof on merits. I have heard learned counsel for the parties and perused the case file.