SUMAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is Delay Condonation Application No.1013/2010 for condonation of delay in moving the restoration application No. 766/2010 for restoration of the petition u/s 482 Cr.P.C., which was dismissed for non-prosecution on 26.7.2010. For the reasons stated, the delay condonation application is allowed. Delay in filing the restoration application no.766/2010 is condoned.

(2.) Also heard on restoration application. The ground for absence on the date fixed by the Court is sufficiently explained in the affidavit accompanying the restoration application.

(3.) The restoration application is allowed. The application u/s 482 Cr.P.C. stands restored to its original number. Heard. By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner/applicant has sought quashing of the summoning/cognizance order dated 2.3.2007 under Sections 323/504/506 of The Indian Penal Code, 1860 (for short, IPC) passed by Judicial Magistrate, Roorkee in case no.481 of 2007. Heard learned counsel for the applicant and perused the material available in file.