On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. perusal of record, it appears that an order under Section 125 Cr.P.C. was passed as ex-parte against opposite party no. 2 on 2.8.2022. For recall of that order, one application for recall was filed before the learned court which was registered as Case No. 76 of 2023 under Section 126(2) Cr.P.C. During the pendency of that application subsequent application for recall of same order was filed on 7.8.2023 which was also registered as Case No. 505 of 2023. First recall application in case no. 76 of 2023 was dismissed by the court due to non-appearance of the opposite party no. 2, thereafter subsequent application that was registered as Case No. 505 of 2023 in which on an application for correction, order was passed on 5.7.2024 allowing amendment for cost Rs. 500/-. The order passed by learned court on 5.7.2024 on amendment application cannot be said to be illegal at this stage, therefore, it cannot be interfered by this Court but it is to note that where first recall application was pending before the learned court, the second application was not required at all. Further if first recall application was dismissed in non-appearance even an application for recall of that order may have been moved by the opposite party no. 2 but subsequent recall application could not be filed. Since no any final order has been passed in subsequent recall application that was registered as Case No. 505 of 2023, therefore, no any indulgence cannot be granted in favour of the applicant at this stage but it is directed to the learned court to decide the case No. 505 of 2023 in accordance with law as expeditiously as possible within a period of 30 days from the date of production of certified copy of this order in view of observation as made above.
