- (1.) This is an application moved on behalf of opposite party no.2 seeking the recall of the order dated 18.5.2004 passed by this Court and restore the criminal misc. application to its original number and thereafter dismiss the same Criminal Misc. Application filed by the accused u/s 482 Cr.P.C. which has been wrongly allowed in the ignorance of its earlier order of dismissal.
(2.) Heard Shri Samit Gopal, learned counsel for the applicants and Shri S.N. Tiwari in person who himself is opposite party no.2 and Shri Vimlendu Tripathi, learned Additional Government Advocate for the State.
(3.) The record of the case reveals that the applicants of the present application u/s 482 Cr.P.C. No.7853 of 1991 are accused in Criminal Case no.257 of 1999 (Shri Narain vs. Gyan Chandra and others) pending before Second Additional Chief Judicial Magistrate, Mirzapur for offence u/s 465, 466, 467 and 471 I.P.C., Police Station-Chunar, District-Mirzapur who were facing proceeding which was at the stage of recording evidence u/s 244 of Cr.P.C. when this application u/s 482 of Cr.P.C. No.7853 of 1991 was preferred before this Court, which after certain developments was allowed vide order dated 18.5.2004. This recall application has been pressed by the opposite party no.2 seeking the recall of the aforesaid order.;