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Judgment
Rajesh Kumar Gupta, J
The present petition has been filed by the petitioners/accused persons under Section 482 of the Cr.P.C. for recalling the order dated 14.01.2026 passed in M.Cr.C. No.33429/2022 whereby this Court directed the police authorities to arrest the present petitioners immediately and produce before the competent authorities without any delay.
Learned counsel for the petitioners submitted that the M.Cr.C. No.33429/2022 had already become infructuous before passing of the order dated 14.01.2026 as the petitioners had acquitted of all the charges in the concerning case S.T. No.288/2016. But, the aforesaid order has been passed behind the back of the petitioners. The petitioners had surrendered before the trial on 16.07.2022 and thereafter trial of ST No. 288/2016 was concluded vide order dated 24.12.2022, whereby the petitioners and other accused persons have been acquitted and thereafter complainant himself had filed a criminal revision No.Cr.A. No.1542/2023, which is pending consideration before this Court. Before passing of the aforesaid order dated 14.01.2026, notices were not issued to the present petitioners, therefore, they were not aware of the order dated 14.01.2026. At the time of arguments on 14.01.2026, the complainant's counsel did not disclose fact that trial was already concluded. Hence, the order dated 14.01.2026 passed in M.Cr.C. No.33429/2022 may be recalled in the interest of justice.
Learned counsel for the respondent/State opposed the prayer. However, Shri Yash Sharma- Advocate, who had appeared before this Court on 14.01.2026 on behalf of the complainant, did not dispute the aforesaid averments made by the counsel for the petitioner and even he raised no objection in this regard.
Heard counsel for the rival parties and perused the records.
From perusal of the records, this Court finds that before passing of order dated 14.01.2026 passed in M.Cr.C. No.33429/2022, the aforesaid petition had already become infructuous and the petitioners were acquitted of the charges by the trial court.
Hence, looking to the facts and circumstances of the case, this petition is allowed and order dated 14.01.2026 passed in M.Cr.C. No.33429/2022 is hereby recalled.
With the aforesaid, this petition stands allowed and disposed of.
C.C. Today.