2012 (10) TMI 304

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....hri K.D. Nag, Mohd. Waseem and Dipak Seth, Counsels, for the Respondent. [Order].  A Criminal Miscellaneous Application No. 92202 of 2011 has been moved for recalling the Order dated 29-7-2003 passed by Hon'ble Mr. Justice N.K. Mehrotra dismissing Criminal Miscellaneous Case No. 380 of 1994 in the absence of the counsel. Another Criminal Miscellaneous Application No. 108015 of 2011 has ....

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....Allahabad were stayed. It appears that case was listed before Hon'ble Mr. Justice N.K. Mehrotra on 29-7-2003, who was pleased to pass the following order :- "Nobody present from the side of the petitioner. Heard the learned Addl. Govt. Advocate. I do not find it a fit case to exercise the inherent power under Section 482 Cr.P.C. It is not a case of the abuse, of the process of any court and no ....

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.... (iii). I find supports from the decision of Hon'ble CEGAT in the case of Netai Chandra Dutta v. Collr. of Customs (Prev.)", Calcutta in 1994 (72) E.L.T. 886 (Tri), Jaswinder Singh v. Collr. of Customs, New Delhi in 1996 (83) E.L.T. 175 (Tri.) wherein it has been held that "statement of co-accused without any independent corroboration cannot form the basis of formation of a charge of involvement i....

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....erent power for preventing the injustice. 6. Learned counsel for Union of India has filed counter-affidavit and urged that this Court is not competent to recall the order passed on merits. 7. Sri Virendra Bhatia died in 2010 while the petition was dismissed seven years ago in the year 2003. There is no explanation as to why the petitioner did not contact his counsel during seven ye....