Sanjay Kumar v. Chander Shekhar Azad & ANR

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 527/2016 & Crl.M.A. No.2181-2182/2016 SANJAY KUMAR ..... Petitioner Through Mr.M.T. Malik, Adv.

versus CHANDER SHEKHAR AZAD & ANR ..... Respondents Through Mr.Izhar Ahmad, APP for the State.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 08.02.2016 Crl.M.A. No.2182/2016 Exemption allowed subject to just exceptions. Crl.M.C. No.527/2016 & Crl.M.A. No.2181/2016 The present petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure (Cr.P.C.), seeking restoration of the revision petition which was dismissed in default on 3rd December, 2015.

Learned counsel for the petitioner has annexed an order passed by this Court in Crl.M.C. No.28/2016, which reflects that the earlier petition under Section 482 of Cr.P.C. filed by the petitioner, has been

dismissed as withdrawn on 6th January, 2016. This order reads thus:- "After some arguments, learned counsel appearing for the petitioner on instruction, seek permission to withdraw the instant petition with liberty to file afresh. Permission granted as prayed for.

Accordingly, the instant petition alongwith pending application is dismissed as withdrawn." Now, again, the present petition under Section 482 of Cr.P.C. has been moved by the petitioner.

In the facts and circumstances, I am of the considered opinion that since the matter has already been considered, the present petition is not maintainable.

The present petition and application are dismissed. P.S.TEJI, J FEBRUARY 08, 2016 aa