GEETA KUMARI Vs. STATE OF H P

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereafter referred to as the Code) has been filed by the applicants praying for restoration of Cr. M.M.O. No. 60 of 2001 which was dismissed for default on 4/3/2003.

(2.) Brief facts leading to the presentation of this petition are that Cr. M.M.O. No. 60 of 2001 filed by the appli-cants was pending in this Court and came up for hearing on 4/3/2003. However, no appearance was put in for the applicants, therefore, the same was dismissed for default of appearance and prosecution. The present petition has now been moved for restoring the said Cr. M.M.O. on the grounds that vide order dated 23/12/2002 this Court directed listing of the Cr. M.M.O. during the week, commencing from 2nd March, 2003 but the Counsel for the applicants wrongly and inadvertently noted that the petition was to be listed in the 2nd week of March, 2003 and this mistake resulted in the non-appearance for the applicants and the dismissal of the Cr. M.M.O. The averments made in the petition are supported by affidavit.

(3.) The respondents did not file any reply to the present petition. However, they contested the petition.