Judgment

Criminal Appeal No. 1323/2004

Heard learned Counsel for the parties.

This appeal has been filed against the impugned Judgment of the Allahabad High Court dated 29.1.2004 in Criminal Revision No. 136/1998.

It appears that the aforesaid Criminal Revision was listed in the High Court on 2.9.2003. No one appeared on behalf of the Revisionist, though the Counsels for respondents appeared. In these circumstances, the judgment was passed.

Subsequently, an application was moved for recall of the Order dated 2.9.2003 alleging that the case was shown in the computer list and not in the main list of the High Court, and hence, the learned Counsel for the Revisionist had not noted the case and hence he did not appear.

It often happens that sometimes a case is not noted by the Counsel or his clerk in the cause list, and hence, the Counsel does not appear. This is a human mistake and can happen to anyone. Hence, the High Court recalled the order dated 2.9.2003 and directed the case to be listed for fresh hearing. The aforesaid order recalling the order dated 2.9.2003 has been challenged before us in this appeal.

Learned Counsel for the appellant has relied on the decision of this Co