Restoration App. 474 / 11 Delay Cond. App. 699 / 11 In C-482 No. 143 of 2002 (Old No. 6164 / 1990) Hon. Prafulla C. Pant, J. Mr. D.S. Patni, Advocate, present for the petitioners / applicants. Mrs. Mamta Bisht, A.G.A., present for State. This is Delay Condonation Application No. 699 of 2011, moved on behalf of the petitioners / applicants, for condonation of delay in moving the Restoration Application MCRC No. 474 of 2011, for restoration of Criminal Misc. Application (C-482) No. 143 of 2002 (old No. 6164 of 1990), which was dismissed for non prosecution on 25.06.2003. Heard. The impugned criminal proceeding relates to the year 1989. Now, almost 22 years have passed. Learned counsel for the petitioners / applicants submitted that the petitioners have no knowledge of transfer of the petition from the Allahabad High Court to this court. There is delay of almost seven years in moving the restoration application. Proceedings in question challenged in the petition filed under Section 482 of Cr.P.C. relate to a criminal complaint case, triable by Magistrate. Having considered the facts and circumstances of the case, this court is not inclined to condone the delay sought by the petitioners / applicants. It cannot be believed that for seven years petitioners remained unaware of the fact that their case is transferred from Allahabad High Court. The delay condonation application is dismissed. Therefore, without expressing any opinion as to the criminal complaint, the delay condonation application is dismissed with the observation that if the petitioners namely, Rakesh Rathi and Hari Kishan Rathi surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay by the Judicial Magistrate / Chief Judicial Magistrate before whom criminal complaint 823 of 1989, is pending. case No. (Prafulla C. Pant, J.) 04.07.2011 HN