- (1.) "whether criminal revision can be dismissed in default or non-prosecution and whether such order can be recalled" are two cardinal questions that fall for consideration in this restoration application, by means of which, the order dated 30. 03. 2007 passed in criminal revision no. 4693 of 2006 Mithaee Lal vs. State of U. P. and others is sought to be recalled.
(2.) FROM the record, it transpires that criminal revision referred to above was listed on 30. 03. 2007. When the case was called out, the counsel of the revisionist was not present even in the revised list. Hence, Hon'ble Vinod Prasad, J. passed the following order:- "list is revised. Even in the revised list, learned counsel for the revisionist is not present. This revision is dismissed for non prosecution. Interim order dated 24. 08. 2006 stands vacated. "
(3.) PRAYER to recall above mentioned order has been made in this restoration/recall application, which is accompanied by the affidavit of revisionist. No counter affidavit has been filed by the opposite parties although their counsel are present today.;