Lavkush Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2515 of 2020 In CRIMINAL MISCELLANEOUS No.54254 of 2019 Arising Out of PS. Case No.-397 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== LAVKUSH CHAUHAN Son of Indradeo Chauhan Resident of Village - Nadaura, P.S. - Nawada (Kadirganj O.P.), District - Nawada ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Chinta Devi Wife of Lavkush Chauhan Daughter of Etwari Chauhan, Resident of Village - Dariyapur, P.S.- Akbarpur, District - Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s:

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference.

2. The present application has been filed for restoration of Cr. Misc. No. 54254 of 2019 to its original file which stood dismissed for default due to non compliance of preemptory order dated 29.08.2019.

3. It is submitted that owing to inadvertence, requisites were filed after delay of one day on 06.09.2019. It is further stated that in any event opposite party no. 2 has already appeared by filing Vakalatnama on 14.10.2019.

4. For the reasons stated in the restoration petition,

Patna High Court CR. MISC. No.2515 of 2020(2) dt.02-07-2020 2/2 the prayer for restoration is allowed and Cr. Misc. No. 54254 of 2019 is restored to its original file.

5. Cr. Misc. No. 2515 of 2020 stands disposed of.

6. Let the office verify that Vakalatnama on behalf of opposite party no. 2 has been filed in Cr. Misc. No. 54254 of 2019, and if so, no notice to Opposite Party No. 2 need be issued. (Vikash Jain, J) Ibrar//- U T