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2016 Supreme(MP) 372

JARAT KUMAR JAIN
Suryakant – Appellant
Versus
Chandanmal – Respondent


ORDER

1. This petition under section 482 of the Code of Criminal Procedure [for short “the Code”] has been filed for recalling the order dated 4.5.2016 passed by this Court in Miscellaneous Criminal Case No.2360/2016.

2. Brief facts of this case are that non-applicant is facing trial for the offence under section 406 of the IPC on the basis of the complaint filed by the applicant. Non-applicant has filed an application before the Magistrate for permission to visit Thailand. Learned Magistrate dismissed the application and the revision was also dismissed, therefore, non-applicant has filed petition Miscellaneous Criminal Case No.2360/2016 before this Court. The petition was listed on 4.5.2016 for hearing, applicant's counsel was absent, therefore, after hearing non-applicant's counsel this Court has passed the order on the same day. Being aggrieved the applicant has filed this petition for recalling the order and to grant opportunity of hearing.

3. Learned counsel for the applicant submits that on 4.5.2016 the matter was listed at Serial No.63 wherein the counsel for the non-applicant made a special request to hear the case at 2.30 p.m. and applicant's counsel was not informed, therefo















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