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Judgment
Roopesh Chandra Varshney, J
Petitioner has filed this petition under Section 482 of Cr.P.c. for recalling / modification of order dated 21/6/2023 passed in M.Cr.C.No. 21486/2023.
It is the submission of learned counsel for the petitioner that the petitioner filed the aforesaid petition for restoration of Cr.R.No. 37/2009, which stood dismissed for want of prosecution vide order dated 25/4/2023 and while passing the aforesaid order, the Court has also vacated the order dated 2/2/2009 whereby, interim protection against his sentence was granted to him and petitioner was directed to surrender before the trial Court.
It is the submission of learned counsel for the petitioner that while passing the order for restoration, this Court has not mentioned about the interim protection extended to the petitioner in Cr.R.No. 37/2009 and since the Criminal Revision itself is restored, then the aforesaid interim order was also liable to be revived automatically; and direction to trial Court for making efforts for arrest of petitioner was also liable to be recalled.
Heard.
Since by the order dated 21/6/2023, the Cr.R.No. 37/2009 filed by petitioner has already been restored for the grounds raised therein, in the opinion of this Court the ground raised by petitioner has merits as when by recalling the order dated 25/4/2023, the Cr.R.No. 37/2009 was restored then other direction issued by order dated 25/4/2023 were also recalled and in such facts and circumstances of the case, the petition is allowed and it is directed that since by recalling order dated 25/4/2023, the Cr.R.No. 37/2009 has already been restored then it means that entire order dated 25/4/2023 has been recalled and thereby the order directing petitioner to surrender is also recalled and interim order dated 2/2/2009 is restored.
With the above direction, petition stands disposed of.