SPLA 31/01 Hon’ble Dharam Veer, J. (Misc. Appln. No.1635/08) (Delay Condn. Appln. No.90/08) Sri Devesh Bishnoi, learned counsel for the applicant/ appellant and Sri Harish Pujari, learned Addl. G.A. for the State as well as Sri Lalit Samant, Adv. holding brief of Sri Z.U. Siddique, counsel for Respondent No.1, are present. I have perused the applications supported by respective affidavits. There is delay of 613 days in filing the present leave to appeal application and appeal, which is sufficiently explained in the affidavits filed along with both the applications. Hence, the delay condonation application is allowed. Delay is condoned. (Restoration Appln. No.169/08) I have also perused the restoration application supported by an affidavit and also perused the order dated 19.5.2006 passed by another Bench of this Court. Learned counsel for the applicant submitted that the present leave to appeal application and appeal was filed in the Allahabad High Court. After creation of State of Uttarakhand, the case was transferred to this Court u/s 35(2) of the U.P. Reorganization Act, 2000. After that no notice or summon was served upon the applicant/appellant. For this reason, the applicant/appellant could not appear before the court on the date fixed. The grounds shown in the affidavit filed along with restoration application are sufficient to recall the order dated 19.5.2006 passed by this Court. Hence, after considering the entire facts and circumstances of the case and also after hearing learned counsel for both the parties, the restoration application is allowed. The order dated 19.5.2006 passed by this Court dismissing the special leave to appeal application for want of prosecution is hereby recalled. Let the leave to appeal application/appeal be restored to its original number. (Leave to Appeal Appln. No.31/01) Heard learned counsel for both the parties. I have also perused the judgment and order dated 25.7.1998 passed by Addl. Judicial Magistrate, Almora in Criminal Case No.85/1997, Amar Singh Vs. Dr. Hridesh Depali. Leave to appeal is granted. Admit the appeal. Summon lower court record. List thereafter in due course. (Misc. Appln. No.579/08) Sri Devesh Bishnoi, learned counsel for the applicant has submitted that he does not want to press this application and he prayed that the application may be dismissed as not pressed. In view of the above, the Misc. Appln. No.579/08 is dismissed as not pressed. (D.V. J.) 29.07.2008 Rajeev Dang