Application to recall an earlier order dismissing a writ appeal for want of prosecution. The court noted the earlier order was passed on merits after perusing prayers and pleadings despite non-appearance, and dismissed the recall application.
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2025:CGHC:23736-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCC No. 472 of 2025
Mukesh Kumar Aarde S/o Shri Ratan Lal Aarde Aged About 38 Years Ex. Constable- 363, 4th Battalion, Caf Mana Raipur, R/o Village Bhirangaon, P.S. Bhanupratappur, District Kanker Chhattisgarh
... Applicant(s)
versus
1. State of Chhattisgarh Through The Avar Secretary, Department of Home (Police), Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.)
2. The Director General of Police Home (Police) Department, New Raipur, Atal Nagar, Naya Raipur, District Raipur (C.G.)
3. The Additional Director General of Police Battalion Police Head Quarter New Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh.
4. The Commandant 4th Battalion, Caf, Mana Raipur, District Raipur Chhattisgarh
...Respondent(s)
For Applicant : None. : For Respondents/State Mr. S.S. Baghel, Deputy Government Advocate.
Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date: 2025.06.13 19:04:00 +0530
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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
13.06.2025
1. None appears nor is any representation made on behalf of the applicant to press this MCC when the case is called out.
2. Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State, is present.
3. The present MCC has been filed by the applicant for recalling of the order dated 03.09.2024 passed in WA No. 546 of 2024 stating that no one appear on behalf of the applicant/appellant, hence this Court dismissed the writ appeal for want of prosecution.
4. From perusal of the order dated 03.09.2024 passed in WA No. 546 of 2024, it is evident that on repeated calls none appeared on behalf of the appellant to press the writ appeal and thereafter, this Court after perusing the prayers and pleadings made in the writ appeal, pass the order on merits.
5. In view of the above, we are not inclined to allow the present MCC for recalling of the order dated 03.09.2024 passed in WA No. 546 of 2024.
6. Accordingly, the present MCC is dismissed .
Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice
Brijmohan
1 issue framed by the court
Should the order dated 03.09.2024 dismissing WA No. 546 of 2024 be recalled on the ground that no one appeared for the appellant?
Mukesh Kumar Aarde
State of Chhattisgarh
The Director General of Police
The Additional Director General of Police Battalion Police Head Quarter
The Commandant 4th Battalion, CAF, Mana Raipur
Ramesh Sinha
Bibhu Datta Guru
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
