Fazeel Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6828 of 2020 Arising out of CRIMINAL MISCELLANEOUS No.80743 of 2019 Arising Out of PS. Case No.-316 Year-2019 Thana- RANIGANJ District- Araria ====================================================== Fazeel Ahmad, aged about 48 years, son of Abdul Malik Resident of Zafarpur, P.S.- Shishgarh, District- Bareilly, Utter Pradesh ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nishant Kumar, posted as Junior Engineer, Electric Supply Unit, Raniganj, District- Araria, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Arvind Kumar Verma, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For the opposite party no. 2 :

Mr. Vinay Kirti Singh, Sr. Advocate with Mr. Vijay Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 19-02-2020 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the opposite party no. 2.

2. The present application has been filed seeking recall of the order dated 07.01.2020 passed in Criminal Miscellaneous No. 80743 of 2019 by which the application was dismissed for non-prosecution.

3. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that sufficient cause has been shown for learned counsel for the petitioner not having appeared on 07.01.2020

Patna High Court CR. MISC. No.6828 of 2020(2) dt.19-02-2020 2/2 when the case was dismissed.

4. In view thereof, the application is allowed. Criminal Miscellaneous No. 80743 of 2019 stands restored to its original file and number.

(Ahsanuddin Amanullah, J) Ranjeet/- U T