IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Delay Condonation Application No. 1285 of 2011 Restoration Application No. 803 of 2011 In Criminal Misc. Application No. 3 of 2006 Bharat Singh Mehta. ……….Applicant. Versus State of Uttarakhand and another. ....…. Respondents. Present : Sri Narendra Bali, Advocate for the Applicant. Sri Nandan Arya, AGA for the State. Hon’ble Servesh Kumar Gupta, J. 1. Having heard learned counsel for the applicant as well as learned AGA upon delay condonation application and restoration application, it transpires that a complaint case no. 344 of 2005 (Jagdish Singh Vs. Bharat Singh) under Section 406, 420, 506 IPC pertaining to Police Station Jwalapur, District Haridwar pending in the court of Judicial Magistrate, Haridwar wherein cognizance was taken. Order of cognizance was challenged by way of filing present petition and the same was stayed by this Court on 04.01.2006. When the matter was taken up for hearing on 04.08.2009, none turned up on behalf of the petitioner, even in the revised call, so the petition was dismissed by this Court and stay order was vacated. Now, after delay of 764 days, this delay condonation application as well as restoration application has been moved. It has been argued on behalf of the applicant that previous counsel engaged by the petitioner could not keep vigil over the listing of the case and applicant could know about dismissal of the petition, when warrants were issued against him by the court below. 2 2. Having gone through the grounds stated in both the applications this Court is not satisfied to condone the delay and restore the case. Delay Condonation Application No. 1285 of 2011 as well as Restoration Application No. 803 of 2011 are hereby rejected. (Servesh Kumar Gupta, J.) 16.11.2011