Uttarakhand High Court

CRLR/201/2009 of SANJAY BAHUGUNA Vs STATE OF UTTARAKHAND AND ORS on 29 December 2009

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Hon’ble Dharam Veer, J. (Delay Condn. Appln. No.1379/09) Mr. A.U. Siddiqui, Adv. i/b Mr. S.K. Shandilya, Adv. for the applicant- revisionist. Mr. M.A. Khan, Brief Holder for the State. Perused the delay condonation application supported by affidavit. Grounds stated in the affidavit are

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CRLR No.201/09Hon’ble Dharam Veer, J.

(Delay Condn. Appln. No.1379/09)

Mr. A.U. Siddiqui, Adv. i/b Mr. S.K. Shandilya, Adv. for the applicant- revisionist. Mr. M.A. Khan, Brief Holder for the State. Perused the delay condonation application supported by affidavit. Grounds stated in the affidavit are satisfactory to allow the application. Delay condonation application stands allowed. Delay in filing the revision stands condoned.

Learned counsel for the revisionist submitted that he may be permitted to withdraw the present revision for the reason that the order assailed by way of present revision is an ex parte order and for that the remedy lies u/s 126(2) Cr.P.C. to file an application for recall of the ex parte order before the same court.

In view of the above submission made by learned counsel for the revisionist, the present revision is dismissed as withdrawn.

Rdang

(D.V., J.) 29.12.2009

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