Santoshpuri Goswami v. Tushi Goswami

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No.1183 of 2018 Santoshpuri Goswami, S/o Late Shri Sonpuri Goswami, aged about 39 years, R/o Village and Chowki Sirpur, P.S. Tumgaon, Tahsil and District Mahasamund, Chhattisgarh ---- Petitioner versus

1. Tushi Goswami, W/o Shri Santoshpuri Goswami, aged about 32 years,

2. Ku. Deepika Goswami, D/o Shri Santoshpuri Goswami, aged about 9 years, through her natural guardian mother Tushi Goswami, W/o Shri Santoshpuri Goswami, aged about 32 years, Both are R/o Village Sirpur, Chowki Sirpur, P.S. Tumgaon, Tahsil and District Mahasamund, Chhattisgarh --- Respondents For Petitioner :

Shri S.I. Ali, Advocate For Respondents :

Shri Utkal Pradhan, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 9.10.2018 1.

Heard Learned Counsel appearing for the parties. 2.

The instant criminal miscellaneous petition has been filed for recalling the order dated 26.4.2018 passed in Criminal Revision No.1166 of 2017.

3.

Para 4 of the instant petition states as under: "4.

That, the counsel for the petitioner was present in the court on the date of the order the counsel due to unavoidable circumstances could not appear before this Hon'ble Court when the matter came up for hearing on 26.04.2018."

4.

Though on 26.4.2018 Learned Counsel for the Respondent/Petitioner herein did not appear before the Court when Criminal Revision No.1166 of 2017 came up for hearing, the

order dated 26.4.2018 reveals that it was passed on merits of the case and, therefore, I do not deem it proper to recall the said order. 5.

Consequently, the instant petition is dismissed. Sd/- (Arvind Singh Chandel) Judge Gopal