Anil Kumar Srivastava, J. - (1.) (C.M. Application No.17970 of 2015) This is an application for recall of the order dated 10.3.2015, passed by this Court dismissing the petition under section 482 Cr.P.C. registered as criminal miscellaneous case no.693/98, Satish Chandra Srivastava and Another vs. State of U.P. Application is moved on the ground that the petition was listed at Serial No.10 on 10.3.2015. One junior Advocate Shri Puneet Saxena, who was present in the Court, under some confusion communicated to the petitioners that the case was adjourned after the same having been called and none from the side of the prosecution too was present. Petitioners did not appear in the Court after receiving the communication. Lower court record was also summoned which fact was also not brought to the notice of the Court. Absence was not deliberate. All the petitioners are practicing Advocates and were present in the Court. Senior Advocate Shri Kunvar Mridul Rakesh was to appear on behalf of the petitioners. He also did not appear on account of the communication received by the petitioners.
(2.) Learned counsel for the applicants submits that the petitioners could not appear due to the miscommunication given by Shri Puneet Saxena, Advocate. Learned counsel has placed reliance upon Vishnu Agarwal vs. State of U.P., 2011 14 SCC 813 and an order of this Court passed in Criminal Miscellaneous case No.2491 of 2012.
(3.) A petition under section 482 Cr.P.C. was filed on 24.10.1998 and an interim order was passed in favour of the petitioners whereby the proceedings of case no.1005/97, pending before IVth ACJM Lucknow under section 323, 342, 504, 506 IPC, Police Station Wazirganj, Lucknow was stayed vide order dated 24.10.1998. Since then the petition was pending. It was taken up on 10.3.2015 wherein following order was passed. "None appeared for applicant even after list was revised. Learned Additional Government Advocate appeared for opposite party no.1 State of U.P. None appeared for opposite party no.2. I have perused petition as well as documents annexed therewith. By filing this petition under Section 482 Cr.P.C. petitioners (Satish Chandra Srivastava, Mukund Madhav Asthana and Sanchit Shanker Asthana) had made prayer to quash charge-sheet filed against them in Court of Additional Chief Judicial Magistrate- VIth, Lucknow on 15.7.1997. Petitioners (Satish Chandra Srivastava, Mukund Madhav Asthana and Sanchit Shanker Asthana) are accused named in FIR and Police has submitted charge-sheet against them, after investigation for offences under Sections 147,323, 504, 332, 342, 506, 427 IPC and 7 Criminal Law Amendment Act. There appears no illegality or irregularity in investigation made by Police. Magistrate has taken cognizance on the charge-sheet submitted by police and there appears no illegality or irregularity in cognizance taken by Magistrate also. Besides this Magistrate is competent to discharge accused under Section 239 Cr.P.C. If evidence on record is not sufficient to proceed further against him. Therefore, petitioners have an opportunity to raise their plea of discharge before Magistrate concerned. In view of above, I am of the view that this is not a fit case for interference under Section 482 Cr.P.C. Petition moved under Section 482 Cr.P.C. is rejected accordingly.";