D K MISHRA AND OTHERS Vs. RAM CHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
D K Mishra And Others
Ram Chand And Another
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(1.) The applicants, namely, D.K. Mishra and Mridula Mishra w/o D.K. Mishra, moved Criminal Misc. Application No. 393 of 2007 under Section 482 Cr.P.C. on 22.06.2007. When the petition was taken up by this court on 10.08.2011, none appeared for the applicants even in the revised call. Consequently, the petition was dismissed in default of the applicants on the self same date.
(2.) On 14.04.2013, restoration application no. 47 of 2013 was moved on behalf of the applicants. Since there was delay of 591 days in filing the restoration application, therefore, an application for condonation of delay in filing the restoration application was moved, which was numbered as CRMA No. 536 of 2013.
(3.) In the affidavit filed by the applicant no. 1 D.K. Mishra, it was averred by the deponent that when the case was taken up by the Court on 10.08.2011, applicants' counsel could not appear before the Court, as a consequence of which, the application under Section 482 Cr.P.C. was dismissed for want of prosecution. The deponent contacted his counsel many a times in order to apprise himself with the status of the case, but learned counsel did not inform him about the same. When the deponent came to Nainital on 14.04.2013 and engaged another counsel, then on an enquiry being made, it was revealed that the petition under Section 482 was dismissed in default on 10.08.2011.;
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