submitted that neither the revisionist nor his counsel was negligent in prosecuting the protest petition. It is contended that they had remained present on almost all the dates fixed before the learned court below, except on a few occasions, and that the dismissal of the protest petition for want of prosecution has resulted in failure of justice. 6. Having regard to the facts and circumstances of the case, and considering the nature of the allegations involved, this Court is of the opinion that the ends of justice would be better served if the revisionist is afforded an opportunity to prosecute the protest petition on merits. Consequently, the impugned order dated 30.08.2025 is liable to be set aside. 7. Accordingly, the Criminal Revision is disposed of. The order dated 30.08.2025 passed by the learned Court below is hereby set aside. The matter is remanded back to the learned Court concerned with a direction to restore the protest petition to its original number and decide the same afresh on its own merits, strictly in accordance with law, after affording due opportunity of hearing to all concerned parties. 8. It is made clear that this Court has not expressed any opinion on the merits of the case, and the learned Court below shall decide the protest petition independently, uninfluenced by any observations made in this order. (Alok Mahra, J.) 08-07-2026 SHIKSHA BINJOLASB Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.08 17:17:46 +05'30'
