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2025 DAILYLAW 11897 (DEL)

ANIL KAPOOR v. NIRANJAN SUBUDHI

CRL.REV.P./567/2002 · 2025-02-06

Neena Bansal Krishna

body2025

Judgment text

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$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 567/2002 ANIL KAPOOR .....Petitioner Through: Mr. Naveen Malhotra & Mr. Ritiwk Malhotra, Advocates. versus NIRANJAN SUBUDHI .....Respondent Through: Mr. Manish Jain, SPP & Mr. Sougata Ganguly, Advocate. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 13.02.2025 CRL.M.A. 4627/2025 (Exemption) 1. Allowed, subject to all just exceptions. 2. The Application is disposed of. CRL.M.A. 4626/2025 3. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicant/Petitioner seeking to restore the present Revision Petition which was dismissed in default vide Order dated 06.02.2025. 4. It is submitted in the Application that on 06.02.2025 when the matter was called up for hearing, none appeared on behalf of the Applicant/Petitioner as there was confusion because the cases listed on 05.02.2025 and 06.02.2025 were being taken up together for hearing on This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2025 at 12:04:54 06.02.2025 due to holiday declared on 05.02.2025 on account of Delhi Vidhan Sabha Election. The matter was dismissed in default, but the counsel for the Applicant/Petitioner was waiting in the Court for his turn and he came to know that the matter has been dismissed in default. 5. Thus, it is submitted that non-appearance is on account of confusion and the present Petition may be restored. 6. Submissions heard. 7. For the reasons and grounds stated in the Application, the Application is allowed and the Order dated 06.02.2025 is set aside and the Revision Petition is restored to its original number. 8. Accordingly, the present Application is disposed of. CRL.REV.P. 567/2002 9. With the consent of the parties, arguments have been heard on the present Petition. 10. Learned counsel for the Respondent seeks time to file the Written Submissions. 11. Written Submissions, if any, be filed on behalf of both the parties within 7 days. 12. List on 25.02.2025 for filing of the Written Submissions. NEENA BANSAL KRISHNA, J FEBRUARY 13, 2025 S.Sharma This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2025 at 12:04:54