Leave granted.
Having heard the learned counsel for the parties, we are of the opinion that
the High Court having not applied its mind on the merit of the matter, interest of
justice shall be subserved if the impugned order is set aside and the High Court is
requested to consider the same on merit. Accordingly, the impugned order is set aside
and the matter is remitted to the High Court for considering the same on merit.
Keeping in view the facts and circumstances of the case, we request the High
Court to dispose of the criminal miscellaneous petition of the appellant herein as
expeditiously as possible, preferably within a period of two months from the date of
receipt of a copy of this order. The proceedings before the Trial Court, however, shall
go on. The appeal is disposed of accordingly.
(S.B. SINHA)