The High Court recalled a previous order that had quashed proceedings under Section 482 Cr.P.C. The earlier order had allowed an application because counsel falsely stated the prosecution file was traced, even though it remained missing.
The order dated 03.08.2021 recalling the quashing order is allowed in the interest of justice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| C482 No. 286 of 2018 Hon’ble R.C. Kh u lbe, J. Mr. B.S. Koranga, learned counsel for the applicant. Mr. Deepak Bisht, learned Brief Holder for the State. Heard on the recall application MCRC No. 2 of 2021. Recall application has been moved by the State for recalling the order dated 03.08.2021 passed by this Court. Perusal of the order sheet would reveal that on 03.08.2021 when the matter was taken up for hearing, on that day learned counsel for the applicant Mr. B.S. Koranga made a statement that the file, which was missing, has been traced out, accordingly, on the basis of the said statement, the Court allowed the application filed under Section 482 Cr.P.C, as a result of which the entire proceedings pending before the CJM, Tehri Garhwal has been quashed. It is submitted by the learned State Counsel that the file, as mentioned in the FIR, is not trace out till today; the learned counsel for the applicant made a wrong statement before the Court. Today, the learned State Counsel has fairly submitted that the file regarding which the impugned FIR was lodged has not been traced out till today, which shows that the learned counsel for the applicant Mr. B.S. Koranga made a false statement before the Court. In such circumstances, the application is liable to be allowed. Accordingly, allowed. The order dated |
| 03.8.2021 is hereby recalled in the |
|---|
| interest of justice. Put the matter at 2: 30 p.m. for |
| arguments. |
| ( R.C. Kh u lbe, J.) 2 2 .0 9 .2 0 2 1 Parul |
1 issue framed by the court
Whether a recall application is maintainable when the original order was based on a false statement by counsel regarding the traceability of the prosecution file.
1 provisions across 1 enactments
State
Applicant's Previous Client
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
