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High Court Of ChhattisgarhCRMP/1329/2021disposed off

Vijay Jaiswal v. Smt. Sushma Jaiswal

2021-12-10Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

CRMP No.1329 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1329 of 2021 Vijay Jaiswal S/o Shri Vishwanath Jaiswal, Aged About 32 Years Occupation - Service, R/o Bauripara, Ambikapur, Police Station - Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1.

Smt. Sushma Jaiswal W/o Vijay Jaiswal, Aged About 26 Years R/o Village - Karuwa (Wrongly Mention In Cause Title As Kuruwa), Police Station - Vishrampur, District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh 2.

Sagar Kumar Jaiswal S/o Vijay Jaiswal, Aged About 7 Years Respondent No. 2 Is Being Minor Through Natural Guardian Mother Smt. Sushma Jaiswal, Aged About 26 Years, R/o Village - Karuwa (Wrongly Mention In Cause Title As Kuruwa), Police Station - Vishrampur, District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh ---- Respondents For Petitioner - Ms. Soniya Kuldeep, Advocate.

For Respondents - None for the respondent.

Hon'ble Justice Shri N.K.Chandravanshi Order on Board 10/12/2021

1. Though, name of counsel for the respondents have been published in cause list, but none appears on their behalf.

2. Heard learned counsel for the petitioner on the application under Section 482 of the Cr.P.C. for restoration of Cr.R. No.356/2014, which was dismissed by this Court vide order dated 11-08-2021 for want of prosecution.

3. Learned counsel for the petitioner submits that on 11-08-2021, when aforesaid criminal revision was called for hearing, counsel for the petitioner could not appear because she was appearing

CRMP No.1329 of 2021 before other Bench of this Court. She could not appear even on the second round of hearing. She further submits that nonappearance of counsel as well as party is bonafide, hence, present application may be allowed and aforesaid criminal revision may be restored.

4. On due consideration and for the reasons mentioned in the restoration application, it is allowed and Cr.R. No.356/2014 (Vijay Jaiswal V. Smt. Sushma Jaiswal and another) is directed to be restored to its original number.

5. Accordingly, the present Cr.M.P. is disposed of. SD/- (N.K.Chandravanshi) Judge Amardeep/pathak