JUDGMENT :

Sanjay Kumar Singh, J.

1. By means of this application, the applicant/revisionist has prayed for recall of the order dated 28.9.2022 passed by this Court in Criminal Revision No. 1839 of 2022.

2. The facts giving rise to the present restoration application are that on an application moved by the prosecution/complainant, the revisionist/applicant was summoned by the learned Additional Sessions Judge, Court No. 6, Meerut vide order dated 07.4.2022 to face the trial in Case Crime No. 610 of 2020, under Section 147, 148, 149, 302, 506, 120B IPC. The aforesaid summoning order was challenged by the revisionist/applicant by filing Criminal Revision No. 1839 of 2022 through advocate Shri Amit Rana, which was disposed of by this Court vide order dated 28.9.2022.

3. By means of this application, the applicant has prayed for recall of the order dated 28.9.2022 passed by this Court in Criminal Revision No. 1839 of 2022. At the time of hearing of the revision, learned counsel for the applicant gave up his challenge to the aforesaid impugned order and confined his submission to the disposal of his bail application in accordance with the guidelines laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. The said revision was disposed of by this Court vide order dated 28.9.2022. The order sought to be recalled reads thus:

"Heard learned counsel for the revisionists, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

The instant criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionists namely Govind @ Arvind, Ankit, Manish and Anil against the judgment and order dated 07.04.2022 passed by Additional Sessions Judge, Court No. 06, Meerut in Sessions Trial No. 186 of 2021, arising out of Case Crime No. 610 of By means of this application, the applicant has prayed for recall of the order dated 28.9.2022 passed by this Court in Crimin2020 (State vs. Pankaj), under Sections 302, 147, 148, 149, 506, 120-B IPC, Police Station Kankarkhera, District Meerut whereby the revisionists have been summoned as an additional accused.

At the outset, learned counsel for the revisionists gave up his challenge to the aforesaid impugned order and confined his submission requesting to grant some protection to the revisionists to surrender before the concerned court below. The learned counsel for the revisionists further stated at the Bar that he is not pressing any other prayer on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application of the revisionists expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the revisionists is not pressing the relief as sought for by on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

However considering the aforesaid prayer made by learned counsel for the revisionists, it is directed that the revisionists Govind @ Arvind, Ankit, Manish and Anil shall surrender before the concerned court below within three weeks' from today and in case they apply for bail, the same shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

For the period of three weeks' from today or till the revisionists surrender before the court concerned, whichever is earlier, they shall not be arrested in the aforesaid case.

With the above observations and directions, the instant criminal revision stands disposed of."

4. It appears that the revisionist has not complied with the order of this Court dated 28.9.2022 and filed this restoration application through another advocate namely Smt. Gunjan Sharma with the prayer to recal