MOHAN SINGH DOSAD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is Restoration Application MCRC No. 194 of 2010, for restoration of Criminal misc. Application (C -482) No. 338 of 2203, which was dismissed for non -prosecution on 27.03.2010.

(2.) HEARD , and perused the affidavit accompanying the application, wherein absence has sufficiently been explained for the absence on the date fixed.

(3.) THEREFORE , in view of the principle of law laid down in Madhumilan Syntex Limited and others Vs. Union of India and another, 2007 A.I.R. S.C.W. 1971, the restoration application is allowed, on the condition that the petitioner shall argue the petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred as Cr.P.C.), today itself. The application is allowed on above condition, and Criminal Misc. Application (C -482) No. 338 of 2003, is restored to its original number.