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Patna High CourtCR. MISC./38989/2019allowed

Awadhesh Kumar Gupta v. The State Of Bihar

2021-03-03Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 38989 of 2019 Arising out of CRIMINAL MISCELLANEOUS No. 15891 of 2014 Arising Out of PS Case No.-296 Year-2012 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

Awadhesh Kumar Gupta, aged about 60 years (M). 2.

Santosh Kumar Gupta, aged about 50 years (M). Both Sons of Late Damodar Prasad Gupta, Resident of Mohalla-Chandani Chowk, PO-Chapra, PS-Chapra Town, District-Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajeev Gupta, Son of Late Rameshwar Prasad Gupta, Resident of MohallaGandhi Chowk, PS-Chapra town, District-Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravin Kumar, Advocate For the State :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-03-2021 Heard Mr. Pravin Kumar, learned counsel for the petitioners and Mr. Nand Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The present application has been filed seeking recall of order dated 02.01.2019 passed in Cr. Misc. No. 15891 of 2014.

3. Learned counsel for the petitioners submitted that due to lapses on his part, the case could not be marked and, thus, nobody appeared leading to dismissal of the case.

Patna High Court CR. MISC. No.38989 of 2019 dt.03-03-2021 2/2

4. Having heard learned counsel for the parties, the application is allowed.

5. Order dated 02.01.2019 passed in Cr. Misc. No. 15891 of 2014 is recalled and the case stands restored to its original file and number.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T