Ejaj Ahmad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17865 of 2024 In CRIMINAL MISCELLANEOUS No.41608 of 2016 Arising Out of PS. Case No.-1879 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ejaj Ahmad Khan son of Late Md. Jalil Khan Village- Rajpur Kurura PsDildar Nagar, Dist- Gajipur U.P the then Assistant Sub Inspector Police of Police of Saraiya Ps- Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sahnaz Khatoon wife of Naushad alam Village- Gorigawan Po- Repura Mahadeo Ps- Saraiya Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh, Advocate For the State :

Mr. Ganesh Prasad Singh, APP For the O.P. No.2 :

Mr. Pramod Rajpati, Advocate Smt. Durga Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 21-06-2024 The present case has been filed for restoration of Cr. Misc. Case No. 41608 of 2016 which was dismissed for default vide order dated 01.12.2023. However, Ld. counsel for the Petitioner submits that the failure of the petitioner to attend the matter on the relevant date was neither willful nor negligent, but on account of unavoidable reasons.

2. Considering the submissions advanced by Ld. counsel for the Petitioner, the present petition is allowed, restoring Cr. Misc. No. 41608 of 2016 to its original number. (Jitendra Kumar, J.) ravishankar/S.Ali U T