Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO.3501/08 in Cr.Appln536/08 (Arun Shrivastava ..vs.. State and another) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Mr. Dhondarkar, Advocate for applicant A.P.P. for respondent no.1. Mr. Thengre, advocate for respondent -2 CORAM : R.C.CHAVAN, J. DATED : NOVEMBER 12, 2008. This is an application for restoration of Criminal Application NO.536/2008 dismissed on account of failure of the applicant's counsel to appear before the court. The order dismissing the application was passed on 11.9.2008. It shows that the applicant's counsel had sought an adjournment to ascertain whether the applicant would like to withdraw the application as court had indicated that application would not be entertained. In view of this it was incumbent on the applicant's counsel to remain present and mention as to whether he was inclined to withdraw the application. The learned counsel for applicant states that he does not want to withdraw the application. In fact the adjudication in the matter is already over since the order itself mentions that the matter was heard and it was indicated that the application would not be entertained. In the light of this it would be improper for me to restore the application which had been dismissed. Though reasons have not been mentioned, the mind of the court has been made sufficiently explicit. If the applicant wants he can seek appropriate remedy in respect of order dated 11.9.208. This application is misconceived and therefore is rejected. 000 Cri. Application No.3709/2008: Since the main application has been rejected this application does not survive, same is disposed of. JUDGE smp.