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2017 Supreme(MP) 932

S.K.SETH, ANJULI PALO
Saroj Rajak – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Appellant :Shri Raghuvansh Kumar Choubey, Advocate.
For the Respondent:Shri Naveen Dubey, Government Advocate.

ORDER :

S.K. SETH, J.

1. Applicants have filed this petition for restoration of M.Cr.C. No.15037/2017, which was dismissed for want of prosecution on 18.9.2017.

2. The ground urged is that the Counsel for applicants could not mark the case in the Cause List dated 18.9.2017, therefore, he could not appear when the case was called out. It is further contended that for the mistake of a counsel, party should not suffer. Learned counsel submitted that he had very good case on merit as the local police could not have registered and investigated the criminal case against applicants and in support of this contention, reliance is placed on a Division Bench decision delivered in M.Cr.C. No.9915 of 2015 (Ravindra Kumar Dubey Vs. State of M.P.) decided on July 08, 2016.

3. After careful consideration of the submissions, we find them of no merit and substance.

4. So far as the cause of non appearance on 18.9.2017, it may be stated to be an afterthought. We had sent for the original record of M.Cr.C. No.15037 of 2017. Perusal of Vakalatnama filed therein reveals that applicants had engaged Shri R.K. Choubey, Adv. and Shri M.K.Choubey, Adv. as their counsel in M.Cr.C. No. 15037 of 2017. Computer gener











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