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CR.MA/6291/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6291 of 2008
In
CRIMINAL
REVISION APPLICATION No. 689 of 2006
=========================================================
DILIPBHAI
MANILAL PATEL - Applicant(s)
Versus
THE
STATE OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RK MISHRA for
Applicant(s) : 1,
MR KC SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 15/07/2008
ORAL
ORDER
:
1. Rule.
Learned A.P.P Mr. K.C. Shah waives service of notice of Rule on
behalf of opponent ? State.
2. With
the consent of learned advocates for the parties, this application is
taken up for final hearing today.
3. The
applicant has filed this application to recall order 7-5-2007 by this
Court (Coram : K.M. Mehta, J.) and to restore Criminal Revision
Application No. 689 of 2006 which was dismissed for default.
4. The
applicant filed Criminal Revision Application No. 689 of 2006 and
challenged the order passed by the trial court and the lower
appellate court. There were office objections. Therefore, this
Court (Coram : K.M. Mehta, J.) on 7-5-2008 passed the following order
:
?SOffice
objections to be removed on or before 11.06.2007 failing which the
matter shall stand dismissed for default.??
5. Despite
the aforesaid order, the applicant did not remove the office
objections. Therefore, criminal revision application was dismissed
for default. Therefore, this application is filed for restoration of
criminal revision application.
6. I
have heard learned advocate Mr. R.K. Mishra for the applicant and
learned A.P.P. Mr. K.C. Shah for State.
7. It
is stated by learned advocate Mr. Mishra that the office objections
have been removed.
8. Having
regard to the oral submissions and the averments made in the
application, this application is required to be allowed.
9. In
the result, this application is allowed
and
order 7-5-2008 by this Court (Coram : K.M. Mehta, J.) is recalled
and Criminal Revision Application No. 689 of 2006 is restored to
its original file. Rule is made absolute.
(Bankim
N. Mehta, J.)
/JVSatwara/
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