SURYA KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for modification/recall of the order dated 16.09.2015 passed in Cr. Misc. No.18917 of 2015 by Honourable Mr. Justice Mihir Kumar Jha on the ground that the same was passed without any notice to the petitioner and on the basis of incorrect, misleading and baseless submission and suppression of facts made by the BSFC without any concrete facts levelling against the petitioner for having misappropriated the paddy just to save himself.

(2.) Heard learned counsel for the petitioner and the learned APP for the State. Also heard learned counsel for the Opposite Party Nos.2 and 3.

(3.) It has been submitted on behalf of the petitioner that instant application is maintainable under Sec. 482 of the Code of Criminal Procedure because order has been passed by suppressing facts or misrepresentation or without hearing the petitioner. It has further been submitted that this petition for recall of the order has been filed pursuant to the liberty granted by Honourable Supreme Court in SLA (Cr.) No.17748 of 2016 and, hence, this application is maintainable for consideration on merit. The petitioner has been condemned without any notice and hearing him. It has further been submitted that apart from violation of principles of natural justice, the order is fit to be recalled because vital facts were not placed before the Honourable Court. It has further been submitted that non-disclosure of the order dated 15.05.2014 (Annexure-8) passed by the Collector, Rohtas at Sasaram, fully known to the parties, is a case of fraud to give advantage to Opposite Party No 3.