YAQOOB HUSAIN Vs. STATE OF U.P.
LAWS(ALL)-2020-12-37
HIGH COURT OF ALLAHABAD
Decided on December 16,2020

Yaqoob Husain Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

ROHIT RANJAN AGARWAL,J. - (1.) In all these seven criminal revisions, application for recalling the final order passed by coordinate Bench of this Court has been moved on the ground that the same was passed due to non presence of the counsel for the revisionists, as such, all the matters are being heard and decided by a common order, and Criminal Revision No.1649 of 1989 is taken as the leading case.
(2.) In Criminal Revision No.1649 of 1989, the order dated 31.07.2019, which is sought to be recalled, is extracted here as under: "1. Called in revise. None appeared to press this revision. In the circumstances, I myself have perused the record. 2. This criminal revision under Section 401 read with Section 397 Cr.P.C. has been filed aggrieved by judgment and order dated 04.07.1989 passed by 4th Additional Munsif Magistrate, Moradabad in Case No. 507 of 1988 convicting and sentencing revisionists under Sections 323/34 and 324/34 I.P.C. Thereagainst accused-revisionists preferred Criminal Appeal No. 83 of 1989 which has been dismissed by Sessions Judge, Moradabad vide judgment and order dated 08.11.1989. This revision has been filed challenging both the aforesaid orders. 3. Having gone through the record, I do not find any manifest error or otherwise illegality, procedural or otherwise, so as to justify interference in criminal revision. 4. Dismissed. 5. The revisionists Yaqoob Husain and Kamal Anwar are on bail. Their bail bonds and surety bonds are cancelled. The Chief Judicial Magistrate, Moradabad shall cause them to be arrested and lodged in jail to serve out sentence passed against them. The compliance shall be reported within two months. 6. Certify this judgment to the lower Court immediately."
(3.) In the recall application the ground taken is that the revisionist was enlarged on bail in the year 1989 and thereafter this case was looked after by his uncle who was in contact with the concerned advocate. As the counsel was designated as senior advocate, he lost in touch and the matter was finally decided on 31.07.2019. It is contended that the said order be recalled and the criminal revision be restored to its original number.;


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