Judgment :

Javed Iqbal Wani, J.

1. This order shall dispose of the instant application being filed by the applicant under Section 151 Cr.P.C. for recalling of order dated 30.12.2017 where under restoration application being 05/2017 filed for re-admission of appeal bearing No. 25/2011 had been dismissed.

2. Heard learned counsel for the parties and perused the record.

3. Learned counsel for the parties reiterated their submissions in tune with their respective pleadings.

4. While learned counsel for the applicant prayed for recalling of the order dated 30.12.2017, on the grounds urged in the application, the counsel for the non-applicant insisted for dismissal of the application inter-alia amongst others, fundamentally on the ground that the application is not maintainable.

5. Before adverting to the application in hand, a brief resume of the case which emerges from the record is that a first appeal had been filed by the applicant herein against the judgement and decree passed by the court of District Judge Samba in File No. 50/Samba dated 20.04.2009 in favour of respondents/non-applicants being CIA No. 25/2011.

6. The said appeal had got dismissed for non-prosecution on12.07.2016. Th