Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24117 of 2024 In CRIMINAL MISCELLANEOUS No.66483 of 2023 Arising Out of PS. Case No.-792 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Md. Saddam SON OF MD. GULAM NABI Vilage -Chamelichak PS -Habibur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-05-2024 The present petition has been filed for restoration of an application bearing Criminal Misc. No. 66483 of 2023, which has stood dismissed for non-prosecution vide order dated 08.12.2023.

2.

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.

Patna High Court CR. MISC. No.24117 of 2024(2) dt.03-05-2024 2/2 3.

Having regard to the facts and circumstances of the case, considering the 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 application bearing Criminal Misc. No. 66483 of 2023, to its original file.

4.

The present petition stands allowed.

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