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Patna High CourtCR. MISC./10391/2015allowed

Jayant Sen And ORS. v. State Of Bihar And ANR

2015-03-18Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10391 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Jayant Sen & Ors.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Sharma For the Opposite Party/s : Mr. Shyam Bihari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-03-2015 Heard learned counsel for the petitioners and Sri Shyam Bihari Singh, learned Additional Public Prosecutor. The present petition has been filed with a prayer to restore Cr. Misc. No. 35022 of 2001 which was a admitted case and stood dismissed due to non- prosecution long back on 19.8.2010. A statement has been made in paragraph no. 6 of the petition that incorrect name of learned counsel for the petitioners was appearing on the Website, and as such, he failed to notice the case as a result it stood dismissed due to non- prosecution on 19.8.2010. The reason for approaching this court for restoration at such a belated stage has been assigned that only after issuance of warrant of arrest it was noticed that the aforesaid admitted case stood dismissed due to non- prosecution. After hearing the parties and considering the grounds

Patna High Court Cr.Misc. No.10391 of 2015 (2) dt.18-03-2015 2/2 set forth in the petition, same is allowed. Let Cr. Misc. No. 35022 of 2001 be restored to its original file.

(Rakesh Kumar, J) Praful/- U T