VISHNU AGARWAL vs STATE OF U.P. . — Crl.A. No. 1323/2004

Summary of Crl.A. No. 1323/2004 - Vishnu Agarwal v. State of U.P. Outcome: The Supreme Court dismissed both appeals. In Crl.A. 1323/2004, the Court upheld the Allahabad High Court's order recalling its prior judgment dated 2.9.2003 (which was passed when appellant's counsel failed to appear), directing fresh hearing. The Court held that recall petitions differ from review petitions and Section 362 CrPC should not be applied rigidly to defeat justice when a party was denied hearing opportunity due to clerical/administrative error. Crl.A. 875/2006 was dismissed as infructuous. Date: 23 February 2011. This case analysis is maintained by casestatus.in based on publicly available court records.