High Court Dismisses Recall Application in Criminal Revision Case — Revisionist Withdraws Interest. The court found that the revisionist's lack of interest after a prolonged period justified the dismissal of the recall application under Section 125 of the Code of Criminal Procedure, 1973.

High Court: Allahabad High Court
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Case Note & Summary

The case involved a criminal revision filed by the revisionist against an order dated 24.05.1994, which allowed an application under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The revision was dismissed on 14.07.1995, and subsequently, a recall/restoration application was filed to revisit this dismissal. However, after 27 years, the revisionist indicated a loss of interest in the matter and did not wish to pursue it further. The court considered this lack of interest and the significant passage of time before deciding to dismiss the recall/restoration application. The final order was issued on 03.11.2022, concluding the matter without further proceedings.

Headnote

A) Criminal Procedure - Recall Application - Dismissal of Recall Application - Code of Criminal Procedure, 1973, Section 125 - The revisionist expressed a lack of interest in pursuing the matter further after 27 years, leading to the dismissal of the recall/restoration application. The court noted the efflux of time and the revisionist's decision not to continue with the case. Held that the application was dismissed accordingly (Paras Not mentioned).

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Issue of Consideration

Whether the recall/restoration application should be allowed despite the revisionist's loss of interest.

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Final Decision

The recall/restoration application was dismissed due to the revisionist's loss of interest in the matter after 27 years.

Law Points

  • Criminal Procedure
  • Revision
  • Recall Application
  • Section 125 Cr.P.C.
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Case Details

CRIMINAL REVISION No. - 681 of 1995

2022-11-03

Om Prakash Tripathi

T.M.Rizvi

Rajesh Kumar Gupta

State Of U.P.And Another

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Nature of Litigation

Criminal revision against an order allowing an application under Section 125 Cr.P.C.

Remedy Sought

The revisionist sought to recall the dismissal order.

Filing Reason

The revisionist filed a recall/restoration application after the dismissal of the revision.

Previous Decisions

The revision was dismissed on 14.07.1995.

Issues

Whether the recall application should be allowed despite the revisionist's loss of interest.

Submissions/Arguments

The revisionist expressed a lack of interest in pursuing the matter further.

Ratio Decidendi

The court held that the significant passage of time and the revisionist's expressed lack of interest justified the dismissal of the recall application.

Judgment Excerpts

This criminal revision has been preferred against the order dated 24.05.1994 by which application under Section 125 Cr.P.C. has been allowed. Matter is 27 years old and due to efflux of time, revisionist has lost interest in the matter and do not want to pursue the matter further.

Procedural History

The revisionist filed a criminal revision against an order dated 24.05.1994, which was dismissed on 14.07.1995. A recall/restoration application was subsequently filed, which was dismissed on 03.11.2022.

Acts & Sections

  • Code of Criminal Procedure, 1973: 125
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