ANAND KUMAR PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing for the respondent State.

(2.) The prayer in the writ petition is made for recalling the order dtd. 15/6/2023 passed in Cr.M.P. No.3367 of 2013.

(3.) Mr. K.K. Jha Kamal, learned counsel appearing for the petitioner submits that if a mistake in law has been made either by the lawyer or by the Court, the Court is competent to recall the order. He submits that by order dtd. 15/6/2023 passed in Cr.M.P. No.3367 of 2013, the entire criminal proceeding has been quashed. He submits that on that day, the lawyer of the O.P. No.2 has not appeared and in his absence the said order has been passed and in view of that the opportunity was not provided to the petitioner, who was the O.P. No.2 in Cr.M.P. No.3367 of 2013. He further submits that if a mistake in law has been made either on behalf of the lawyer or by the Court, the Court is competent to recall the same and to buttress this argument, he relied in the judgment of Hon'ble Supreme Court as reported in AIR 1990 SC 1984.