Application for Restoration Of Criminal Appeal In High Court Dismissed For Non-Prosecution

 

IN THE HON’BLE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI

                                Crl.Misc.No -------------2014

IN

                            Crl.Appeal.No 000/2014

AAA   V.s   BBB etc

PETITION UNDER SECTION 561-A Cr.P.CFOR RESTORATION OF CRIMINAL APPEAL NO.000/2014,DISMISSED FOR NON- PROSECUTION.

Respetfully Sheweth:-

1.   That the above titled criminal appeal filed by the petitioner was pending adjudication before this honourable court.The said appeal was fixed for hearing on 08.01.2014 before Hislordship Mr Justice Name of Justice - and His Lordship was pleased to dismiss the same for non- prosecution.

2.   That counsel for the petitioner was busy before another Bench of this honourable court i.e. Before His Lordship Mr Name of Jusitce  in WP.No 000/2013 titled CCC vs DDD etc.

3.   That soon after attending the court of His Lordship  Mr. Name of Justice in the above titled case, the counsel for the petitioner attended the court of His Lordship Mr Justice Name of Justice  and on query it transpired that the appeal has been dismissed for non – prosecution.

4.   That non appearance of petitioner is neither intentional nor deliberate but it happened due to the reasons as mentioned above.

5.   That the valuable rights of the petitioner are involved and if the appeal is not restored, the petitioner will suffer irreparable loss.

6.   That it is the demand of justice that no one should be condemned unheard.

7.   That the law favours adjudication on merits and mere technicalities have no room in affair of administration of justice.

Prayer:

Under the circumstances it is respectfully prayed that this petition may very kindly be accepted and the criminal Appeal no 000/2014 may very kindly be restored to its original number and be disposed if on merits to meet the ends of justice.

                                    

                        Petitioner

Through:

Dated:                                                   

                    Name of Advocate                       Advocate High Court

C.C.No. 000000

                                                                       

IN THE HON’BLE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI

                                Crl.Misc.No -------------2014

IN

                            Crl.Appeal.No 000/2014

AAA   vs   BBB etc

PETITION UNDER SECTION 561-A Cr.P.CFOR RESTORATION OF CRIMINAL APPEAL NO.000/2014, DISMISSED FOR NON- PROSECUTION.

AFFIDAVIT

I, Name of Advocate ,Advocate High Court ,Counsel for the petitioner in the above titled case, do here by solemnly affirm and declare as under:-

1.   That the above titled criminal appeal filed by the petitioner was pending adjudication before this honourable court. The said appeal was fixed for hearing on 7.11.2013 before His lordship Mr Justice Name of Justice - and His Lordship was pleased to dismiss the same for non- prosecution.

2.   That the deponent, counsel for the petitioner, was busy before another Bench of this honourable court i.e. Before His Lordship Mr Name of the Justice in WP. No 000/2013 titled CCC vs DDD etc.

3.   That soon after attending the court of His Lordship  Mr Mohammad Name of the Justice in the above titled case, the deponent/counsel for the petitioner attended the court of His Lordship Mr Justice Name of the Justice –  and on query it transpired that the appeal has been dismissed for non –prosecutution.

4.   That non appearance of counsel for petitioner is neither intentional nor deliberate but it happened due to the reasons as mentioned above.

5.   That the valuable rights of the petitioner are involved and if the appeal is not restored, the petitioner will suffer irreparable loss.

6.   That it is the demand of justice that no one should be condemned unheard.

7.   That the law favours adjudication on merits and mere technicalities have no room in affair of administration.

8.   That whatever stated above  are true to the best if my knowledge and belief and nothing had been concealed or misrepresented.                                                        

Deponent

Verification

Verified on oath that contents of above affidavit are true to the best of my knowledge and belief and nothing has been concealed or misrepresented.                                                     

Deponent