AYUBBHAI ABDULBHAI SHAH Vs. GABHA BECHAR

JUDGEMENT

(1.) The applicant had filed Misc. Criminal Application No. 4273 which came to be dismissed for default on 27-7-1993, the main ground urged in the application for restoration is that the learned Advocate Mr. K. I. Patel representing the applicant in the original proceeding could not remain present on 27/07/1993 on account of his ill-health. He was suffering from conjunctivitis and therefore, from 25/07/1993 to 2/08/1993 he was unable to attend the Court. He had also informed to the Registry of the Court by filing a sick note. However, that could be availed of only in civil proceedings and with regard to be criminal proceedings, the learned Advocate was required to get the matter mentioned or to file sick note, if necessary, in respect of each of the proceedings.

(2.) However, what is involved in the present proceeding is a large question as to whether the Court having passed the said order of dismissal for default of appearance of the party or party's learned Advocate, the matter can be restored or not ?

(3.) In opposition to this request, Sec. 362 of the Code of Criminal Procedure is relied upon, which reads as under :