Nilandri Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1983 of 2019 Nilandri Sahu D/o Shri Vipin Bihari Sahu Aged About 33 Years R/o Chhote Atarmuda, Police Station Chakradhar Nagar, Raigarh, Tahsil And District Raigarh, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through District Magistrate, District Raigarh, Chhattisgarh.

2. Dushyant Dansena S/o Shri R.B. Dansena Aged About 38 Years R/o Beladula Devlas Chowk, Police Station Chakradhar Nagar, Raigarh, Tahsil And District Raigarh, Chhattisgarh. ----Respondents For petitioner- Shri Pragalbha Sharma, Advocate. For State-Shri Kunal Das, PL.

For respondent No.2-Shri Manoj Jaiswal, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 28/01/2020 Heard.

1.

Instant petition has been filed for setting aside dismissal order dated 27/02/2019 passed in CRMP No.6/2017. Ground which is urged by the petitioner it is contended that counsel for the petitioner was on maternity leave, therefore she could not appear on behalf of the petitioner. Subsequently, in the application for condonation of delay, it is also contended that because of the health issue, counsel could not appear which is purely bonafide and unintentional.

2.

Considering the submission made and for the reasons stated in the application for condonation of delay, it is allowed and accordingly delay in filing the CRMP is condoned.

3.

Instant CRMP has been preferred for restoration of CRMP No.6/2017 which was dismissed for want of prosecution on 27/02/2019. 4.

After going through the petition which is supported by an affidavit, in

my opinion reasonable grounds are made out for restoration. 5.

Accordingly, CRMP is allowed.

6.

The order dated 27/02/2019 is recalled.

7.

CRMP No.6/2017 is restored to its original number. Sd/- (Goutam Bhaduri) JUDGE gouri