JUDGMENT :

Shampa Dutt (Paul), J.

1. The present application (CRAN 1 of 2023) has been preferred by the petitioner/accused praying for recalling of the Order dated July 19, 2022 passed by a Co-ordinate Bench, thereby dismissing CRR No. 2565 of 2019 ( Daanish Haque v. Central Bureau of Investigation ) on the prayer of the petitioner as ‘Not Pressed’.

2. The Opposite Party/CBI has strongly objected to the said prayer, stating that the prayer of the Petitioner is not maintainable. Their further case is that the application for recall of order is barred by limitation (Article 122 of the Act) and has relied upon the following Judgments:-

i. Mst. Nurnahar Bewa and Anr. vs Rabindra Nath Dev and Ors., 1988 SCC OnLine Cal 116, (Paragraph 9,11,12).

ii. Behari Lal vs Dharam Vir (Dead) by LRS. and Anr., (1997) 11 SCC 679, (Paragraph 3).

iii. Kanai Lal Shaw vs Bhattu Shaw, 1960 SCC OnLine Cal 176 , (Paragraph 3 & 6).

iv. S.C. Sons (P) Ltd. vs Sm. Brahma Devi Sharma and Ors., 1986 SCC OnLine Cal 44, (Paragraph 9 & 66).

3. The opposite party (CBI) has further submitted that the judgments relied upon by the petitioners are not applicable to the facts and circumstances in the present case.

4. It is fur