- (1.) PRADEEP Kant, J. This is an application for recall of my order dated 3. 8. 07, by means of which, on the application of the complainant, hearing of the criminal appeal has been expedited.
(2.) AN objection has been raised by Sri Kunwar Mridul Rakesh, Senior Advocate, saying that the application itself is not maintainable, as it is prerogative of Hon'ble the Chief Justice or the Senior Judge, as the case may be, to expedite the hearing of any case including criminal appeal and no party can say that the appeal be not heard at an early date. Sri Salman Khursheed, learned Senior Advocate, who pressed the application for recall, submitted that the order has been obtained without giving a copy of the application for early listing to the applicant-appellant and that no reasons could be shown as to why an appeal of the year 2003 has been expedited when very old appeals of the previous years are pending for hearing. To oppose the said application for recall, time was taken by the other side but they did not file any objection but made oral submission at the time of consideration of the application.
(3.) THE grievance of the applicant that he was not given any copy of the expedite application though is not of much relevance as he himself has filed a copy of the application alongwith the application for recall and has also made an effort to meet the allegations made therein. Even otherwise on this count, no prejudice can be said to have been caused, as the applicant has been given full opportunity to put his version in case he feels aggrieved by the order of early listing or in other words, the grounds on which he opposes the early hearing of the appeal. Chapter V Rule 9 of the Allahabad High Court Rules, 1952 says that subject to any general or special order of the Chief Justice, Senior Judges at Allahabad and Lucknow shall, in the absence of the Chief Justice, exercise jurisdiction at their respective places in connection with the arrangement of Benches, listing of cases and other like matters.;