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2025 DAILYLAW 10349 (ALL)

DINESH AWASTHI AND OTHERS v. STATE OF U.P.AND ANOTHER

A482/31397/2008 · 2025-08-13

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139396 Court No. - 79 Case :- APPLICATION U/S 482 No. - 31397 of 2008 Applicant :- Dinesh Awasthi And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ali Hasan,Ishtiyaq Ali Counsel for Opposite Party :- Govt. Advocate Hon'ble Avnish Saxena,J. 1. Sri Ali Hasan, learned counsel for the applicants appears and submits that the present application has been moved by the applicant on being aggrieved by order dated 25.09.2008 passed by the court of Special Judge (D.A.A.) Jhansi in Special Case No. 161 of 2008 (Rashmi Sinha Vs. Dinesh Awasthi and others), in case crime no. 19 of 2007, under Sections 420, 392, 379, 323, 504, 506 IPC, P.S. Prem Nagar, District Jhansi, whereby the court of Special Judge, DAA has recalled its order dated 10.12.2007 through which final report submitted in the case by the police has been accepted. 2. The argument of learned counsel for the applicant is that the impugned order is tantamount to review which is barred under Section 362 Cr.P.C., which cannot be carried out by the court itself. 3. Learned AGA is present of the state-opposite party no.1. 4. The perusal of record reveals that by way of order dated 10.12.2007, the Special Judge, DAA, Jhansi has made observation that notices has been sent to the complainant/informant, which has been refused to accept by him, as such, the court finds sufficient reason to accept the final report submitted in this case. Lateron, the complainant/informant has moved an application for recall of the order dated 11.07.2008. It is on the basis of disposal of this application that the impugned order has been passed recalling the previous order merely on the ground that the matter is required to be disposed of on merit. This impugned order tantamount to review of order barred under Section 362 Cr.P.C., hence, the order dated 25.09.2008 is hereby quashed. 5. Accordingly, the present application under Section 482 Cr.P.C. is allowed. Order Date :- 14.8.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad