Deepak Mahto @ Dipak Mahto @ Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23085 of 2023 In CRIMINAL MISCELLANEOUS No.12594 of 2022 Arising Out of PS. Case No.-15 Year-2020 Thana- HATHIDAH District- Patna ====================================================== DEEPAK MAHTO @ DIPAK MAHTO @ DIPAK KUMAR S/O BAIJU MAHTO R/O Village- Jaitpur, P.S- Barhiya, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajanan Mishra, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2023 The present petition has been filed for restoration of a petition bearing Criminal Miscellaneous No. 12594 of 2022, which has stood dismissed for want of prosecution vide order dated 03.01.2023.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed for want of prosecution, thus a sympathetic view be taken and the aforesaid petition be restored to its original file. Having regard to the facts and circumstances of the case, considering the

Patna High Court CR. MISC. No.23085 of 2023(2) dt.12-04-2023 2/2 submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid petition bearing Criminal Miscellaneous No. 12594 of 2022 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/Sonal U T