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Judgment
S.C. Agarwal, J.—Heard learned Counsel for the revisionists and learned A.G.A. for the State.
No notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he feels so aggrieved.
This revision is directed against the order dated 21.10.2010 passed by Addl. Sessions Judge, F.T.C. No. 2. Kairana, district Muzaffar Nagar in S.T. No. 941 of 2004 under Sections 323, 324. 452, 427, 308, 504 and 506, I.P.C., whereby the application 174-Kha for recalling order dated 12.1.2009 was rejected.
Initially charge-sheet was filed against the revisionists under Sections 323, 324, 452, 427, 308, 504 and 506. I.P.C. and the revisionists were granted bail. During pendency of the case, injured died. During pendency of the trial, an application was moved by the complainant for framing charge u/s 302, I.P.C. also on the ground that the injured died as a result of injuries sustained during the incident.
Learned trial Judge, vide order dated 12.1.2009, directed framing of the charge u/s 302, I.P.C. also. Order dated 12.1.2009 was challenged by the revisionists before this Court by means of application u/s 482. Code of Criminal Procedure No. 1239 of 2009. which was dismissed vide order dated 24.4.2009. Revisionists also filed an application before the trial Judge for recalling the order dated 12.1.2009. which has now been dismissed.
After dismissal of the application u/s 482, Code of Criminal Procedure, the impugned order dated 12.1.2009, passed by the trial Judge could not have been challenged by the revisionists by means of an application for recall. The application 136-Kha filed by the revisionists was totally misconceived and was rightly rejected by the trial Judge.
In these circumstances, I do not find any good ground to interfere. The earlier challenge to order dated 12.1.2009 has already failed.
Revision is devoid of merit and is liable to be dismissed and is accordingly dismissed.
Since the revisionists are already on bail under Sections 323, 324, 452, 427, 308, 504 and 506, I.P.C, if they surrender before the Magistrate concerned again u/s 302, I.P.C. and apply for fresh bail, their prayer for bail be considered by the court below expeditiously, if possible, on the same day In accordance with law.