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2024 Supreme(P&H) 904

VIKAS BAHL
Ram Niwas – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
Mr. Aditya Yadav, Advocate; For the Petitioner
Mr. Vivek Chauhan, Addl.A.G. Haryana.

JUDGMENT

Vikas Bahl, J. (Oral)

CM-9734-CWP-2024

This is an application under section 151 CPC to recall/ modify the order dated 14.05.2024 (Annexure A-1) passed by this Court in CWP- 11138-2024.

2. On 14.05.2024, in view of the judgment dated 10.04.2024 passed by this Court in CWP-5111-2024 titled as "Mustaq v. State of Haryana and others", this Court was not inclined to interfere in the matter as the issue raised in the present case was similar to the one raised in the said judgment and thus, the counsel appearing before this court instead of suffering an order of dismissal, chose to withdraw the writ petition. The said order dated 14.05.2024 is reproduced hereinbelow:-

    "1. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing respondent Nos.3 and 4 not to examine the common witnesses in pursuance of impugned order dated 23.11.2023 (Annexure P-2).

    2. Learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition.

    3. In view of the above, the present Civil Writ Petition is dismissed as withdrawn."

3. Learned counsel for the applicant-petitioner has subm

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