MASOODA BIBI Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The present application has been filed by the petitioners seeking restoration of the petition filed by them under section 561-A Code of Criminal Procedure (now 482 Cr.P.C.) to its original number that was dismissed by this Court on 01.03.2019 for non prosecution.

(2.) It is stated in the application that when the case was listed on 01.03.2019 in the cause list, in the column of counsel representing the parties, the name of counsel for the petitioners was mentioned as Sachin Gupta in addition to the name of the counsel engaged by the petitioners and the counsel for the petitioners was under bona fide impression that the petitioners might have changed the counsel and handed over the brief to some other counsel. It is further stated that this belief was further strengthened by the fact that the matter was ordered to be listed along with another matter, titled, "Sumit Jamwal and others vs Komal Rakwal" in which Mr. Achal Sharma has been shown to be the counsel for the petitioners and because of this confusion, Mr. Koshal Parihar did not appear in the said petition. The present application is duly supported by an affidavit.

(3.) A perusal of the order dated 01.03.2019 reveals that when the matter was dismissed, none had appeared on behalf of respondent No. 1, however, Mr. Kishore Kumar, who was representing respondent No. 2, had caused his appearance. He has stated that he will not file any response to the application but would oppose the instant application by way of arguments only. In view of this, the matter was heard without any written response on behalf of respondent No. 2.