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Judgment
Vinit Kumar Mathur, J
The present application has been filed for restoration of the Criminal Misc. Petition No.4658/2018 qua the petitioner No.4-Vinay Kumar, which has been dismissed by this Court vide order dated 10.11.2021.
Learned counsel for the applicant submits that though the applicant had filed the petition along with three other petitioners, which was numbered as S.B. Criminal Misc. Petition No.4658/2018, but during pendency of the misc. petition, the applicant did not want to continue with his original Counsel and was desirous of engaging another Counsel. But, before the matter was taken up for hearing on 10.11.2021, he could not engage any other Counsel and therefore, he was left unrepresented. Learned counsel, therefore, submits that the order dated 10.11.2021 has been passed without giving an opportunity of hearing to the applicant.
On a pointed query raised by the Court to the learned counsel for the applicant with respect to the fact mentioned in the order dated 10.11.2021 that after framing of charge vide order dated 04.09.2018, the trial Court has proceeded in the matter by recording the evidence or not, learned counsel for the applicant replied affirmatively and was unable to dispute the fact mentioned in the order dated 10.11.2021.
Learned counsel for the applicant further submits that although the order dated 10.11.2021 has rightly passed in the facts and circumstances of the case, but the opportunity of hearing was not granted to the petitioner No.4- Vinay Kumar. Therefore, this application has been filed.
Considering the submissions made before this Court and the averments in the application, the net result remains the same that the Criminal Misc. Petition No.4658/2018 was rendered infructuous on account of the trial Court having proceeded with the matter after framing of the charge. Therefore, for the same reasons, the present application has no merit and the same is hereby dismissed.