Allahabad High Court
Balram Gupta vs State Of U.P. And Others on 1 October, 2019
Author: Sudhir Agarwal
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Crl. Misc. Delay Condonation Application No.1 of 2018 In Crl. Misc. Recall Application No. 2 of 2018 In Case :- APPLICATION U/S 482 No. - 4882 of 2004 Applicant :- Balram Gupta Opposite Party :- State Of U.P. And Others Counsel for Applicant :- Ashok Gupta Counsel for Opposite Party :- Govt. Advocate,G.P. Awasthi Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared to press this application.
2. Rejected for want of prosecution.
Order Date :- 1.10.2019 Manish Tripathi Court No. - 34 Crl. Misc. Recall Application No. 2 of 2018 In Case :- APPLICATION U/S 482 No. - 4882 of 2004 Applicant :- Balram Gupta Opposite Party :- State Of U.P. And Others Counsel for Applicant :- Ashok Gupta Counsel for Opposite Party :- Govt. Advocate,G.P. Awasthi Hon'ble Sudhir Agarwal,J.
1. The application seeking condonation of delay in filing recall application having been rejected vide order of date, this application being barred by limitation is also liable to be dismissed.
2. Supreme Court in P. C. Gulati vs. Lajyaran, AIR 1996 SC 595; K. Ramachandran vs. V. N. Rajan and another, 2009 (14) SCC 569, State of Punjab vs.Davinder Pal Singh Bhullar, AIR 2012 SC 364 and Mohammed Zakir Vs. Shabana and others, 2018 (15) SCC 316 has made it clear that High Court has no power to review or recall its previous order in criminal cases.
3. In view thereof, the application is dismissed being barred by limitation as also not maintainable.
Order Date :- 1.10.2019 Manish Tripathi