Heard learned counsel for the applicant and learned A.G.A. for State of U.P.
Learned counsel for the applicant has filed restoration application supported by affidavit along with delay condonation application on 26.7.2015 with a prayer to recall the order dated 30.7.2008 whereby the application under section 482 Cr.P.C. was dismissed for want of prosecution.
It transpires from the perusal of the record that a restoration application has been moved on behalf of the applicant in the year 2015 to recall the order dated 30.7.2008. There is no sufficient ground to condone the delay in filing the restoration application to recall the order dated 30.7.2008. The matter pertains to the year 1993, which cannot be allowed to swing years together by mere pendency of restoration application. Accordingly, the restoration application is dismissed.
Office is directed to communicate this order to the court concerned through Fax within three weeks. The court below shall proceed with the matter, expeditiously, in accordance with law.
Order Date :- 5.8.2016 RU