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Judgment
P. Sam Koshy, J
Present Cr.M.P. has been filed seeking restoration of Cr.M.P. No. 517/2016 which got dismissed by virtue of a peremptory order passed by this
Court on 18/07/2016.
The original Cr.M.P. i.e. 517/2016 was filed challenging the judgment of acquittal dated 24/02/2016 passed by the Additional Sessions Judge,
Dhamtari in criminal appeal No. 73/2015. Against the order of acquittal, though Cr.M.P. was filed and which got dismissed by a peremptory order on
18/07/2016, the application for restoration has been filed after more than a year i.e. on 30/10/2017.
Undisputedly, the respondent No.1 in the instant case has been acquitted of all the charges and a substantive right in his favour has already been
created for quite some time and now entertaining the said application at this belated stage would be putting the respondent No.1 to unnecessary
inconvenience.
Once when the Cr.M.P. was preferred by the present petitioner, she was required to ensure that the appeal is filed properly and in the event of any
default, the same should have also been cured. Having not done so, this Court had granted sufficient time to the petitioner for removing the defaults.
But the petitioner does not seem to have been cared to remove the default. Even if this was not sufficient, the petitioner took more than one year to
file the present Cr.M.P. seeking restoration which is highly belated and no proper explanation, justification or plausible reason has been given by the
petitioner for filing the present Cr.M.P. at this belated stage.
Thus, this Court does not find any strong case made out by the petitioner for entertaining the present Cr.M.P.
The present Cr.M.P. thus fails and is accordingly rejected.