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2019 Supreme(All) 1231

RAJAN ROY
Shiv Poojan Upadhyay – Appellant
Versus
State Of U. P. Thru Secy Home – Respondent


Advocates Appeared:
For the Appellant :Prabhu Ranjan Tripathi, Salil Kr. Srivastava, Salil Kumar Srivastava For the Respondent:Govt. Advocate, Raj Mani Dubey

ORDER :

Rajan Roy, J.

(C.M.A. No.146727 of 2018: Application for recall)

1. This is an application for recall of the order dated 4.8.2018 by which the earlier application under section 482, Cr.P.C. had been decided on merits in the following terms:

    "None appears for the applicants, though the list of cases has been revised.

This application under section 482, Cr.P.C. was filed in the year 2007 challenging the summoning order.

An order was passed on 25.5.2007 staying the proceedings in Criminal Case No.1156 of 2006 pending before the Judicial Magistrate, Ambedkar Nagar.

The only averment made in the affidavit in support of the application is that the applicants have been falsely implicated. This plea can be raised before the Magistrate concerned alongwith an application for discharge at the appropriate state.

Having heard learned counsel for the parties and perused the record this court does not find any valid ground to exercise its powers under Section 482, Cr.P.C., but without prejudice to the rights of the petitioners to seek a discharge at appropriate stage in the proceedings before the Court(s) below, however, considering the facts of the case, particularly the fact that there has bee

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