AJAY BANSAL Vs. STATE OF HARYANA ETC

JUDGEMENT

(1.) THIS is an application under Section 482 of the Criminal Procedure Code praying for recalling the order dated 9. 12. 1996 passed by this Court in Crl. Misc. No. 20204 M of 1996.

(2.) THE necessary facts are that a FIR No. 290 dated 18. 7. 1996 under Sections 406, 420 and 120 of the Indian Penal Code was registered at the police station Narnaul against Ajay Bansal and four other petitioners. The petitioners in the Criminal Miscellaneous (main) prayed for quashing of the above FIR and also prayed for staying of further investigation of the aforestated FIR. The main petition came up for hearing on 4. 11. 1996 when at the request of the learned counsel for the petitioner the matter was adjourned to 6. 12. 1996. The case was again adjourned to 9. 12. 1996, on that date the Court passed the following order :

(3.) THE learned counsel for the respondent referred to another judgment of the Supreme Court in the case of 'mej. Genl. A. S. Gauraya and Anr. v. S. N. Thakur and Anr. , Chandigarh Law Reporter 1997 (1) 408. This judgment is of no help to the respondent's case because the Hon'ble Apex Court was concerned in this case with the exercise of inherent powers by the trial Court. The Supreme Court held that the trial Courts do not have inherent powers as are exerciseable by the High Court under Section 482 of the Code.