WPCRL/1581/2020
2021 Latest Caselaw 2065 UK

                Office Notes,
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                                  WPCRL No. 1581 of 2020

                                  Hon'ble N.S. Dhanik, J.

(Via Video Conferencing)

Mr. Yogesh Kumar Sharma, learned counsel for the petitioners.

Mr. A.K. Sah, learned Deputy Advocate General for the State.

Mr. Vivek Shukla, learned counsel for respondent no. 3.

For the present, exemption application no. 7885/2021 is allowed.

Recall application no. 1581 of 2021 has been filed by petitioner no. 1 with a prayer to recall the judgment and order dated 05.03.2021 passed by this Court in Criminal Writ Petition No. 1581 of 2020, "Deepak Agarwal & others v. State of Uttarakhand & others".

Learned counsel for the petitioner submits that due to some personal reasons, the petitioner no. 1 could not contact with his counsel. He further submits that petitioner no. 1 is neither negligent and not misused any liberty or order passed in his favour by this Court and he always cooperated in the investigation and also undertakes that he will never misuse the liberty of this Court.

Learned State Counsel as well as learned counsel for respondent no. 3 opposed the recall application. For the reasons assigned, recall application is allowed. Order dated 05.03.2021 is hereby recalled.

At the request of learned State Counsel, list this matter after two weeks.

Meanwhile, State may file either the counter affidavit or the progress report.

(N.S. Dhanik, J.) 25.06.2021

AK