HIGH COURT OF UTTARAKHAND AT NAINITAL Recall Application No.909 of 2008 IN Criminal Writ Petition No.236 of 2003 (M/B) Dr. Mahesh Pathak S/o Shri I.D. Pathak R/o Kurmanchal Niketan, Bhowali, District Nainital .……… Petitioner Versus State of Uttarakhand & others …… Respondents Mr. Ashok Kumar Singh, Advocate for the petitioner. Mr. G. S. Sandhu, Govt. Advocate for respondent nos.1 to 4. Mr. D. S. Mehta, Advocate for respondent nos.6 & 9. Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) For the reasons stated, Delay Condonation Application No.4904 of 2008 is allowed. The delay in filing the Recall Application No.909/2008 is condoned. The Recall Application shall be treated to be filed in time. Heard on the Recall Application. Through the medium of this application, the petitioner wants the review / recall of the order dated 22nd September, 2006 passed by this Court in W.P. No.236 of 2003 (M/B). By this order the writ petition was dismissed in the light of the order dated 21st February, 2006 earlier passed in the writ petition. In the order dated 21st February, 2006 the Court had noted, first and foremost that the perusal of the FIR revealed that the offence had been made out against the petitioner. It then noticed and observed that since the parties were in the process of compromising, if the compromise were arrived at, it might be filed in the Court failing which the writ petition would be dismissed. Because no compromise admittedly was filed in the Court before 22nd September 2006, in the light of the observation that the FIR revealed that the offence had been made out, the writ petition was dismissed. It is the undisputed case of the parties before us that the matter is of a criminal nature. Even though the writ petition was filed under Article 226 of the Constitution of India, this Court was exercising its extra-ordinary criminal jurisdiction in the matter. It is a settled law that a criminal court has no power to review its order. Even otherwise, we find no reason to review or recall the order. The application is dismissed. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) Dated 06th August, 2008 LSR / Shiv