Judgment

SHELAT, J. :- These two appeals founded on special leave obtained from this Court, are directed against two orders passed by the High Court of Allahabad, dated March 16, 1967 and July 24, 1967 respectively. The first order was passed in Criminal Miscellaneous application No. 3334 of 1966 under Sec. 561-A of the Code of Criminal Procedure for quashing the Criminal case against the respondent pending before the Third Temporary Additional Sessions Judge, Allahabad on charges under Ss. 408 and 477A of the Penal Code. A learned Single Judge of the High Court allowed that application and quashed the said proceedings as the State had failed to file any counter-affidavit against the statements made by the respondent in the said application. The second order was passed in an application filed by the State for recalling the said order. The same learned Judge dismissed that application observing that the State had had five months time to file a reply to the respondent s said application, that the State had even then failed to file its reply, that he had, therefore, in the absence of such a reply, allowed the application and that in those circumstances he found no reason to recall his