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Mayank Tarke vs Manjari Tarke

Madhya Pradesh High Court · Decided on 28 November 2022 · Citation: (2022) 11 MP CK 0104

HON’BLE JUDGES
Rajendra Kumar (Verma), J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 55844 Of 2022
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Judgment

5 paragraphs · 198 words

Rajendra Kumar (Verma), J

This application under Section 482 of Cr.P.C. has been filed for restoration of Criminal Revision No.890/2022, which was dismissed for want of prosecution on 09.11. 2022.

The application is supported by the affidavit of petitioner Mayank Tarke. Learned counsel for the petitioner submits that the counsel appearing in this matter was in another Court, due to which he could not attend the matter on 09.11.2022, therefore, in his absence the application was dismissed for want of prosecution. He further submits that non-appearance of the counsel for the petitioner on the said date is bonafide and prays that order dated 09.11.2022 be set aside and Cr.R. No.890/2022 be kindly restored to its original number.

On due consideration of the reason assigned in the application and other facts and circumstances of the case, in the interest of justice, the present application is allowed. Cr.R. No.890/2022 be restored to its original number subject to depositing cost of Rs.2,000/- before the M.P. High Court Legal Service Committee, Indore within a period of seven days.

A copy of this order be placed in the record of Cr.R. No.890/2022. With the aforesaid, the present application stands allowed and disposed of.