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Judgment
7 paragraphs · 175 wordsManoj Kumar Garg, J
The present misc. application has been filed by the counsel for the petitioner for recalling of the order dated 12.04.2023 passed by this Court in S.B. Criminal Misc. Petition No.2137/2017.
Counsel for the petitioner submits that petitioner Hanuman Prasad has expired but now his son wants to pursue the present matter but on 12.04.2023 the aforesaid matter has been dismissed as infructuous. Therefore, the order dated 12.04.2023 may be recalled and the matter may be restored to its original number.
Learned Public Prosecutor and counsel for the respondent NO.2 vehemently opposed the prayer made by the counsel for the petitioner.
Heard learned counsel for the parties and carefully gone through the material available on record.
The order dated 12.04.2023 was passed in absence of the counsel for the petitioner. In such circumstances, the order dated 12.04.2023 passed by this Court in S.B. Criminal Misc. Petition No.2137/2017 is hereby recalled and the Office is directed to restore the S.B. Criminal Misc. Petition No.2137/2017 to its original number.
The application stands allowed accordingly.