Nitesh Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.2296 of 2019 Nitesh Kumar, S/o Ashok Kumar Ostwal (Jain), aged about 42 years, R/o Sadar Ward, Bhatapara, District Balodabazar Bhatapara (CG). ---- Petitioner

Versus

1. State of Chhattisgarh, through Station House Officer, Police Station Bhatapara City, District Balodabazar Bhatapara (CG).

2. Shantilal Kankariya, S/o late Pabudanji, aged about 65 years, R/o Shivpara Durg, Tahsil and District Durg (CG). ---- Respondents For Petitioner :

Mr. Aman Kesharwani, Advocate For State/Res.No.1 :

Mr. Vaibhav Kartikaya Agrawal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 23/10/2019

(1) Heard on application for restoration of CRMP No.1278/2019 .

(2) Earlier, CRMP No.1278/2019 was dismissed for want of prosecution by this Court vide order dated 27.09.2019.

(3) The instant CRMP has been filed by the petitioner on 14.10.2019, which is filed within prescribed period of limitation.

(4) After due consideration and the reasons stated in the said petition, this Court is of the opinion that when the CRMP No.1278/2019 was called for hearing on 27.09.2019, counsel for the petitioner was absent due to just and sufficient grounds.

Hence, the instant CRMP is allowed and CRMP No.1278/2019 is restored to its original number, subject to payment of cost of Rs.1000/- payable to High Court Bar Association for the purpose of Library by the petitioner within a period of one month from today.

Sd/- (Sharad Kumar Gupta) Judge L/-