Karan v. Inspector Of Police

in Crl.O.P.No.15568 of 2022 and Crl.M.P.No.8759 of 2022 G.CHANDRASEKHARAN.J, This petition is filed to set aside the dismissal order passed in Crl.M.P.No.14163 of 2022 in Crl.O.P.No.15568 of 2022 on 20.09.2022 for non-appearance and restore the same.

2. The learned counsel for the petitioner submitted that petitioner's counsel was not well and therefore the Crl.M.P.No.14163 of 2022 in Crl.O.P.No.15568 of 2022 was dismissed on 20.09.2022.

3. In response, the learned Government Advocate (Crl. Side) submitted that Crl.O.P.No.15568 of 2022 was dismissed on two occasions ie., on 14.07.2022 and 20.09.2022 for non-prosecution.

4. This Court on going through the orders passed in Crl.O.P.No.15568 of 2022 on 14.07.2022 and 20.09.2022 finds that on both occasions the petition was dismissed for the reason that there was no representation on behalf of the petitioner. However, in view of the submission of the learned counsel for the 1/3

petitioner that he was not well on the day when the case was listed, he had gone out for taking tablet, meanwhile the case came to be dismissed. 5.Having regard to the submissions made by the learned counsel for petitioner and accepting the reason for non-appearance, this petition seeking restoration of Crl.O.P.No.15568 of 2022 to file is allowed.

6. Accordingly, Crl.O.P.No.15568 of 2022 is restored to filed and list the main petition on 13.02.2023.

31.01.2023 Sma G.CHANDRASEKHARAN,J.

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Sma in Crl.O.P.No.5218 of 2022 31.01.2023 3/3