LAWS(UTN)-2010-9-9

SUBHASH KASHYAP Vs. STATE OF UTTARANCHAL

Decided On September 17, 2010
SUBHASH KASHYAP Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) Heard Ms. Prabha Naithani, Advocate for the applicant, Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no. 1 and Mr. I.P. Kohli, Advocate for respondent no. 2.

(2.) This application under Section 482 of Cr.P.C. was dismissed in default on 11.8.2010 and the interim order dated 15.2.2007 was also vacated. Now a restoration application (MCRC No. 743 of 2010) has been filed by the applicant. The reasons assigned for recalling the order dated 11.8.2010 appear to be just and bonafide. In view of the judgment of the Apex Court in Madhumilan Syntex Ltd. & Ors. Vs. Union of India and another reported in 2007 AIR SCW 1971 and in order to secure the ends of justice, present restoration application is allowed. The order dated 11.8.2010 is recalled and the case is restored to its original number.

(3.) Heard parties.