1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 113 OF 2008 IN CRIMINAL WRIT PETITION NO. 1889 OF 2005 Adv. Charanjeet Singh Kishan Chanderpal & Anr. ... Petitioners Versus Sushil Khatanhar & Ors. ... Respondents Petitioner No.1, party­in­person, present Mrs. P.H. Kantharia, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.P. DESHPANDE, JJ. DATE: APRIL 15, 2008 P.C.:­ The instant Writ Petition was dismissed by this Court on 1st April, 2008. This application has been filed to restore the petition. 2. Normally, if a request had been made, even without assigning a reason for being absent, this Court would have restored the matter. Petitioner No.1 is appearing in person, who is also an advocate, and the reason given by him for his absence from the Court forces us to dismiss 2 this application for restoration. He has submitted the reason that he appeared before this Court in a case, which was important, but then, he left the Court to attend to another important case before the 29th Metropolitan Magistrate; and in the process, he could not attend this Court. Since petitioner No.1 knew that the case was listed, he was before this Court on that date when he appeared in a case which he thought to be important for him, and he left the Court for another important case, which was before the Metropolitan Magistrate, thinking that the present case was an unimportant one. Therefore, this was a deliberate attempt to choose between important and unimportant cases. Although petitioner No.1 submits that there was no deliberate attempt made by him not to appear in this case or to appear in another case; but paragraph 2, in which he has stated the reasons, is self­explanatory. 3. It may also be pointed out that when the case was dismissed on 1st April, 2008, petitioner No. 1 had also not appeared on the previous date of hearing, and we had kept the matter for dismissal. 4. The application is accordingly dismissed. 3 BILAL NAZKI, J. A.P. DESHPANDE, J.