(Jagdish Singh Khehar, C.J. and D.Y. Chandrachud, J.)
Manoj Kumar _______________________________________ Petitioner
v.
Champa Devi _____________________________________ Respondent
CRLMP.4666/2017 in Petition(s) for Special Leave to Appeal (Crl.) No(s).10137/2015, decided on April 5, 2017
The Order of the court was delivered by
Order
CRLMP. No. 4666 of 2017
1. Issue notice.
2. Mr. Anil Nag, learned counsel, accepts notice on behalf of the respondent.
3. We have heard learned counsel for the rival parties.
4. Having taken into consideration the factual position depicted in paragraph 2 of the Criminal Miscellaneous Petition, we are satisfied, that the non-representation of the petitioner on 09.02.2017 was neither deliberate nor intentional. In view of the above, we are of the view, that the order dated 09.02.2017 deserves to be recalled, the same is accordingly recalled. Crl.MP No. 4666 of 2016 is allowed in the above terms.
5. Post the main matter for hearing and final disposal on 06.04.2017.
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