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2026 DAILYLAW 32191 (CHH)

RAJENDRA SHARMA v. MR. HIMANSHU GUPTA

MCC/786/2026 · 2026-08-20

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010324742026 2026:CGHC:37514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 786 of 2026 Rajendra Sharma Son Of Shri Badri Prasad Sharma Aged About 61 Years Jail Prahri (Constable), Sub-Jail, Dhamtari, Resident Of C/o Shri Budhar Prasad Sharma Saq Mill Pachpedi Naka, Raipur, Tahsil And District - Raipur (C.G.) ...Applicant versus Mr. Himanshu Gupta Director General, Prisons And Correctional Services, Chhattisgarh, Raipur, District - Raipur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Applicant : Ms. Pranoti Das, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 21.08.2026 1. The present MCC has been 1led seeking restoration of Cont. Case No. 927/2026, which was dismissed for want of SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.08.22 11:26:11 +0530 2 prosecution due to non-appearance on behalf of the petitioner on 16.07.2026. 2. Learned counsel for the applicant submits that when the aforesaid Contempt Case was called for hearing before this Court, she was engaged and appearing before another Bench of this Hon'ble Court and, therefore, could not appear before this Court when the matter was called. It is submitted that the non-appearance on behalf of the petitioner was neither deliberate nor intentional, but was due to the aforesaid bona 1de and inadvertent circumstance. It is further submitted that the petitioner ought not to be made to su:er on account of such an inadvertent lapse on the part of the learned counsel. 3. In view of the facts and circumstances stated hereinabove, learned counsel for the petitioner prays that the order dismissing Cont. Case No. 927/2026 for want of prosecution may kindly be recalled and the Contempt Case be restored to its original number and position in the interest of justice. 4. On due consideration of the submissions made and for the reasons assigned in the application, duly supported by an a<davit, this Court is satis1ed that su<cient cause has been shown for restoration of Cont. Case No. 927/2026. 3 5. Accordingly, the MCC is allowed. The order dismissing Cont. Case No. 927/2026 for want of prosecution is hereby recalled. The Registry is directed to restore Cont. Case No. 927/2026 to its original number and position, subject to payment of cost of Rs.2,000/- (Rupees Two Thousand only), payable to the Chhattisgarh High Court Bar Association Library Fund. 6. With the aforesaid direction, the MCC stands disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib