The revisionist-applicant Badloo was convicted under Section 326 of I. P. C. and sentenced to a period of two years R. I. by the Judicial Magistrate, Lucknow. His appeal (Crl. Appeal No. 104/82) was also dismissed on 4-11-82 by the learned Sessions Judge, Lucknow. He preferred a Criminal Revision No. 612 of 1982 against the judg ment dated 4-11-82, but it was also dis missed by this Court on 25-9-97 without

hearing the revisionist or his counsel. His counsel Sri Arun Sinha moved application (Crl. Misc. Case No. 2277/98) for recalling the said order dated 25-9-97 on the ground that he could not appear on 25-9-97 due to his illness and illness slip was sent when this recall application came before the Court on 8-12-98 for orders, his junior Sri Gautam appeared and told the Court that Sri Sinha was unable to appear due to his illness. This Court, however, rejected the recall application.

2. Sri Arun Sinha has now moved this second recall application (Crl. Misc. Case No. 2746 of 1998) under Section 482 of the Code of Criminal Procedure for setting aside dismissal order dated 25- 9-97. Al legations have been supported by affidavit of one Ram Gopal, the brother of the revi