Vikas Kumar (Lawyer) 09 September 2010

criminal restoration

A petition under Sec.482 CrPC filed in High Court once dismissed for non-prosecution and then again the restoration petition is dismissed for non prosecution,can a second restoration petition be filed again? Will a new petition be barred by res judiceta if it has been dismissed two times for non prosecution by high court?

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Adesh Kumar Sharma (Senior Associate Lawyer) 09 September 2010

Dear Vikas,

The res judicata is a trem used in the code of civil procedure and it has nothing to do the criminal cases. The restoration is always a discretion of the court and it does not make any difference that previous restoration application has already been dismissed. You can file the other application mentioning your inability not to appear before the court on the date fixed.

Thanks

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