RAJEEV MISRA,J. - (1.) Heard Mr. Deepak Kumar Singh, learned counsel for applicant-revisionist and learned A.G.A. for State.
(2.) This is an application for condoning the delay in filing recall application. Perused the affidavit. Delay in filing the recall application has been sufficiently explained. Accordingly, delay in filing recall application is condoned.
(3.) Delay Condonation application is allowed. Order Date :- 21.1.2020 Prajapati Case :- CRIMINAL REVISION No. - 680 of 2004 Revisionist :- Ram Murat Opposite Party :- State of U.P. Counsel for Revisionist :- B.K. Pandey Counsel for Opposite Party :- Govt. Advocate Hon'ble Rajeev Misra,J. Order on Recall Application No.2 of 2019 1. Heard Mr. Deepak Kumar Singh, learned counsel for applicant-revisionist and learned A.G.A. for State. 2. This is an application for recall of order dated 4.7.2019, whereby present criminal revision was dismissed for want of prosecution. 3. Perused the affidavit filed in support of delay condonation application as well as recall application. Cause shown for non appearance of counsel on 4.7.2019 at the time when present criminal revision was taken up in revised list is sufficient. Accordingly, restoration application is allowed. Order dated 4.7.2019 dismissing above mentioned criminal revision for want of prosecution is recalled. Revision is restored to its original number and status. Order Date :- 21.1.2020 Prajapati Case :- CRIMINAL REVISION No. - 680 of 2004 Revisionist :- Ram Murat Opposite Party :- State of U.P. Counsel for Revisionist :- B.K. Pandey Counsel for Opposite Party :- Govt. Advocate Hon'ble Rajeev Misra,J. 1. Heard Mr. Deepak Kumar Singh, learned counsel for applicant-revisionist and learned A.G.A. for State. 2. Present criminal revision has been filed challenging order dated 17.2.2004 passed by Additional Sessions Judge, (Court No.1), Varanasi in Criminal Appeal No. 62 of 1999 (Ram Murat Vs State of U.P.) dismissing above-mentioned criminal appeal, arising out of judgment and order dated 19.4.1999 passed by Ist Additional Chief Judicial Magistrate, Varanasi in Criminal Case No. 3119 of 2014 (State Vs. Ram Murat), under Sections 7/16 Prevention of Food Adulteration Act, 1954, P.S. Cantt., District Varanasi, whereby revisionist has been convicted under sections 7/16(1)(a) of Prevention of Food Adulteration Act, 1954, and consequently sentenced to one year rigorous imprisonment along with fine of Rs.2,000/-. 3. Present criminal revision came up for admission on 24.4.2004 and this Court passed following order: "Heard. Admit. Issue notice. List after four weeks. Lower court record be summoned. Meanwhile the award of sentence by the impugned judgment and order is stayed subject to deposit of half of the fine. The applicant shall be released on bail during the pendency of this revision." ;