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Judgment
Vijay Kumar Shukla, J
Heard no IA No.17407/2023, which is an application under section 482 of Cr.P.C for recalling of the order dated 01.11.2023 and restoration of CRR No.4299/2023.
This Court vide order dated 1.11.2023 dismissed the revision petition for want of prosecution.
Learned counsel for the petitioner submits that the wife of the counsel was hospitalized and she has gone C-section surgery and remained admitted till 01.10.2023. The other counsel Moh.Wazib Chhipa also suffered Dengue and he was also hospitalized on 15.10.2023. In this regard, medical papers and reports of the hospital are filed.
The aforesaid assertion is supported by an affidavit by the counsel Him self.
Considering the aforesaid reasons, I find that there was bonafide reason for non-appearance of the counsel on the said date, therefore, the IA no.17407/2023 is allowed. The order dated 1.11.2023 is recalled and the original case CRR No.4299/2023 is restored to its original number.
Office is directed to list the matter alongwith M.Cr.C No.48735/2023