Awadh Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8106 of 2016 ======================================================

1. Awadh Mistry, Son of Late Sukdeo Mistry, Resident of VillageCherkidih, P.S.- Sherghati, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Smt. Indu Kumari Srivastava (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-03-2016 By making this Misc. application, the applicant has sought for restoration of Cr. Misc. No.51023 of 2015, which was dismissed for default on 02.12.2015. Heard Mr. Sanjeev Kumar, learned Counsel for the petitioner, and Ms. Indu Kumari Srivastava, learned Additional Public Prosecutor, appearing on behalf of the State.

Having considered the averments made in the application and having heard learned counsel for the parties, we are satisfied that the absence of the petitioners and/or his counsel from the Court on 02.12.2015 was for reasons beyond their control.

In view of the above and in the interest of justice, the order, dated 02.12.2015 aforementioned, is hereby set aside and Cr.

Misc.

No.51023 of

Patna High Court Cr.Misc. No.8106 of 2016 (2) dt.16-03-2016 2/2 aforementioned is hereby restored to its original file. This Misc. Case shall accordingly stand disposed of.

K.C.jha/- (I.A. Ansari, ACJ) U