GAYA MAHTO Vs. BABU RAM SINGH

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) has been moved by the opposite party of Criminal Revision No. 574 of 1993 for recalling the order dated 3.10.1994 passed in the said revision and restoring the case to its number.

(2.) THE said criminal revision was filed by the petitioners of the criminal revision and the matter related to a proceeding under Sec. 145 of the Code. This Court heard the said criminal revision on 3.10.1994 and allowed the revision by final order.

(3.) THE opposite party, who has moved the present application for recalling that order, has stated in his application that on the date of hearing his learned Counsel could not appear in court due to misunderstanding and in this way the opposite party has not been heard in the said case before disposal of the same. It has been stated in the application that the criminal revision was earlier listed before Hon ble Mr. Justice D.S. Dhaliwal but the case was adjourned for two weeks on the prayer of the petitioner on the ground of illness of his learned Counsel. It is stated that on 3.10.1994 the said criminal revision was listed for hearing before Hon ble Mr. Justice O.N. Asthana (since superannuated). It is averred that due to unexpected and sudden change of court for hearing the Advocates clerk could not mark to the case was fixed for hearing in the court of Hon ble Mr. Justice Asthana and due to misunderstanding and not making the case the Advocate for the opposite party could not appear on account of bona fide mistake and the revision has been allowed without hearing the opposite party.