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Patna High CourtMJC/3697/2016allowed

Krishna Kumar Singh v. The State Of Bihar And ORS

2017-04-19Mr. Justice Birendra Kumar1 pages

Patna High Court MJC No.3697 of 2016 (3) dt.19-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 3697 of 2016 In Cr. WJC 691 of 2016 ====================================================== Krishna Kumar Singh, Son of Late Baleshwar Singh, Resident of Village Ailay, P.S. - Chand, District - Kaimur at Bhabua .... .... Petitioner

Versus

1. The State of Bihar through its Chief Secretary, Bihar, Patna

2. The Director General of Police, Bihar, Patna

3. The Superintendent of Police, Buxar

4. The Officer-In-Charge, Itarhi Police Station, Itarhi, Buxar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rana Ishwar Chandra, Advocate For the Opposite Parties : Mr. Prabhat Kumar Verma (Aag 3) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-04-2017 The present miscellaneous application is for restoration of Cr.W.J.C. No. 691 of 2016 which was dismissed for default on 03.10.2016.

The petitioner has stated on oath that due to illness of learned counsel for the petitioner no one attended the case and the case was dismissed for default.

After hearing the parties and considering the facts and circumstances of the case, let dismissal of Cr.W.J.C. No. 691 of 2016 be set aside and the same be restored to its original file, subject to the condition that the petitioner shall pay Rs.500/- (rupees five hundred) in the Victim Compensation Fund. Accordingly, restoration application is allowed. (Birendra Kumar, J) Kundan U T