HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.754 of 2024 Neeraj Dhama --Revisionist State Of Uttarakhand & others --Respondents --------------------------------------------------------------------- Presence:- Mr. Nandan Arya, learned counsel for the petitioner. Mr. S.C. Dumka, learned AGA along with Ms. Sweta Badola Dobhal, learned Brief Holder for the State. Mr. Pawan Mishra, learned counsel for respondent nos.3 to 5. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. Today, the matter is listed on restoration application (MCRC No.2/2025) for recalling the order dated 14.05.2025 passed by this Court and to restore the present writ petition on its original number along with interim order dated 31.07.2024. 2. Learned counsel for the petitioner submits that due to some misunderstanding between him and his counsel, he could not appear before this Court on 14.05.2025. He further submits that mistake is not deliberate, therefore, the order dated 14.05.2025 may be recalled. 3. Learned counsel for respondent nos.3 to 5 opposed the restoration application by saying that petitioner and his counsel deliberately and willfully did not appear before the Court when the date was fixed i.e. 14.05.2025. 4. It is submitted by learned counsel for respondent nos.3 to 5 that the Co-ordinate Bench of this 1 Court vide order dated 19.07.2024 asked the petitioner to remain present before that Court on 22.07.2024 as the Co-ordinate Bench was of the view that petitioner had abused the process of the Court and law. On 29.07.2024, when the matter was taken by the Co- ordinate Bench of this Court, petitioner was present through V.C. and admitted that in total he received Rs.30,35,000/- from the complainant and he would give bank draft of Rs.2,00,000/- to the respondent- complainant in order to show his credentials by tomorrow i.e. 30.07.2024. The matter was listed on 31.07.2024. 5. The matter was next taken up on 25.03.2025 by this Court on which date, learned counsel appearing for the petitioner made a statement before the Court that he had no instructions from the petitioner with regard to the payment, if any, made by him. However, learned counsel for respondent nos.3 to 5 submitted that petitioner had to pay Rs.30,35,000/- but out of the said amount Rs.2,00,000/- was paid after the order dated 29.07.2024, but since then not a single penny was paid. Petitioner-Neeraj Dhama who was present before the Court through V.C. made a statement that he undertakes to pay the entire amount by 20.05.2025 to the respondents. This Court believed the words spoken by the petitioner-Neeraj Dhama who was directed to pay the amount of Rs.5,00,000/- to the respondents within ten days from 25.03.2025 i.e. on or before 04.04.2025 in order to show his credentials. But, the petitioner has not paid Rs.5,00,000/- as per the order dated 25.03.2025, but he paid only Rs.1,90,000/- to the respondent nos.3 to 5. The matter was dismissed for default on 14.05.2025. It is for recalling of this order, restoration 2 application is filed. 6. Petitioner failed to pay the amount owed by him to respondents by 20.05.2025. Thus, it appears to this Court that petitioner only want to evade his arrest in the FIR impugned. 7. Having heard learned counsel for the parties, this Court is not satisfied with the reasons given in the affidavit filed in support of the restoration application as the counsel for the petitioner did not provide sufficient justification or genuine reasons for his non-appearance. Furthermore, petitioner failed to make any payment to the respondent nos.3 to 5 to show his bona fide by 20.05.2025 despite his undertaking to make the entire payment. Hence, the restoration application is hereby rejected. (Pankaj Purohit, J.) 20.06.2025 AK 3