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2014 Supreme(All) 2959

MOHD.TAHIR
Rakesh Srivastava "Nyayik" – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :- Sanjay Srivastava,S.I.Siddiqui,S.M.A. Kazmi,Tahira Kazmi
For the Opposite Party :- Govt. Advocate,Manish Tewari

JUDGMENT

Mohd. Tahir,J.

Case called out.

Learned counsel for both the parties are present.

2. Heard learned counsel for both the parties and perused the record.

3. Heard on delay condonation application no.211265 of 2014.

4. The delay condonation application is supported by affidavit. The cause shown for the delay in filing the recall application appears to be satisfactory. So, the delay in the filing the recall application is, hereby, condoned. The recall application is treated within time.

5. Heard on restoration/recall application No.211266 of 2014 which has been moved for getting the order dated 3.3.2014 passed in transfer application (Criminal) no.64 of 2014 recalled.

6. Learned counsel for the applicant has submitted that the transfer application which has been sought to be restored, was fixed for hearing on 3.3.2014 but on that date, the counsel for the applicant could not appear in the court because he could not mark the case in question in the cause list and consequently the transfer application no.64 of 2008 was dismissed due to absence of the counsel for the applicant. So, the order dated 3.3.2014 be recalled and the aforesaid transfer application be restored to its origi















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