K. Prabhakaran v. The Union Of India Through The Directorate Of Revenue Intelligence, Regional Unit, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24113 of 2024 In CRIMINAL MISCELLANEOUS No.63832 of 2021 Arising Out of PS. Case No.-5 Year-2020 Thana- D.R.I District- Patna ====================================================== 1.
K. Prabhakaran Son Of Shri Kanthasamy @ Kandasamy Resident Of D. No. 1/107 North Street Kannapadi, PO- Kannapdi PS- Padalur, Dist- Permabalur, Tamilnadu-621114 2.
Dharmadurai R. Son Of Late Rajalingam Resident Of Village- D. No. 52 South Street, Thiruvalakurichy, Post- Padalur, Ps- Padalur, DisttPerambalur, Tamilnadu-621109 ... ... Petitioner/s
Versus
The Union Of India Through The Directorate Of Revenue Intelligence, Regional Unit, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Giri For the Opposite Party/s :
Mr. Ranvir Kumar, Sr. Standing Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Learned counsel for the petitioners and learned counsel for the Union of India are present.
2. The present application has been filed for restoration of Cr. Misc. No.63832 of 2021 which was dismissed for default on 01.12.2022.
3. Learned counsel for the petitioner submits that due to mistake on the part of counsel and miscommunication on the part of the clerk, this case could not be attended on three occasions due to which this case was dismissed for default and
Patna High Court CR. MISC. No.24113 of 2024(2) dt.15-05-2024 2/2 subsequently after gap of 14 months present restoration application has been filed. Counsel submits that such mistake shall not take place in future.
4. Learned Standing Counsel appearing on behalf of the Union of India submits that it is the discretion of the Court.
5. In that view of the matter, the present Cr. Misc. No.63832 of 2021 is directed to be restored to its original record on payment of Rs.5,000/- to be deposited in the account of Patna High Court Legal Services Committee.
5. Accordingly, this application is allowed.
(Dr. Anshuman, J) Mkr./- U T