DHARMINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The applicants-petitioners have filed the present application for restoration of the petition bearing Cr.MMO No. 1257 of 2022, which was dismissed by the Court for non-prosecution on 28/12/2023. It has been asserted that the counsel for the applicants/petitioners was in Delhi on account of his work on 27/12/2023 and 28/12/2023. He had instructed his junior counsel to inform the Court about his unavailability. When the case was called, the junior counsel was busy in another Court and could not appear before the Court; hence, the Court dismissed the petition for non-prosecution. Subsequently, the junior counsel inquired about the status of the case and was informed that it was dismissed for non-prosecution. The non-appearance was neither intentional nor deliberate but due to the aforesaid reasons. Hence, it was prayed that the application be allowed and the main petition be restored.

(2.) No reply was filed.

(3.) I have heard Mr R.L. Chaudhary, learned Counsel for the applicants/petitioners, Mr Baldev Negi, learned Additional Advocate General for non-applicants/respondents No.1 to 3-State and Mr Rocky, Advocate, vice Mr. Devender K. Sharma, Advocate, for non-applicant/respondent No.4.