Madhya Pradesh High Court
Rajendra Puri vs Prakash Puri on 4 April, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 THE HIGH COURT OF MADHYA PRADESH MCRC No. 16791/2022 (RAJENDRA PURI AND OTHERS Vs PRAKASH PURI AND OTHERS) Gwalior, Dated : 04-04-2022 Shri Prashant Sharma, Counsel for applicants. Shri A.K. Nirankari, Counsel for State. This application under Section 482 of Cr.P.C has been filed for restoration of M.Cr.C. No.21101/2021 which was dismissed for want of prosecution by order dated 10.02.2022.
It is submitted by Counsel for applicants that on 12.08.2021 as well as 10.02.2022, the arguing counsel for applicant was busy in arguing the matter before another Court, and therefore, he could not appear when the case was called. The application is supported by an affidavit of applicant No.1 and there is no reason to disbelieve the same. Counsel for applicants submitted that it is the well established principle of law that litigant should not suffer because of the mistake on the part of his/her Counsel. Since the Counsel for applicants could not appear before the Court on two occasions, he is ready and willing to deposit cost of Rs.5,000/- to show his bonafide.
Considering the submissions made by Counsel for applicants as well as his concessional statement that he is ready and willing to deposit a cost of Rs.5,000/- for restoration of the application, the application is allowed. It is directed that in case if the cost of Rs.5,000/- (Rupees Five Thousand Only) is deposited in the Registry of this Court within a period of seven days from today and on 2 THE HIGH COURT OF MADHYA PRADESH MCRC No. 16791/2022 (RAJENDRA PURI AND OTHERS Vs PRAKASH PURI AND OTHERS) producing the receipt thereof, the M.Cr.C. No.21101/2021 shall stand restored to its original number.
(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2022.04.04 19:11:04 +05'30'