Alok Ranjan Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31935 of 2023 In CRIMINAL MISCELLANEOUS No.45388 of 2018 Arising Out of PS. Case No.-495 Year-2014 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== ALOK RANJAN CHOUBEY Son of Gupnath Choubey Resident of VillageBahera P.S. Kudra District Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kamlesh Tiwary, S/o Dipti Tiwary, R/o Village Katra Kala, P.S. Mohania, Ditstrict-Kaimur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition has been filed for restoration of a petition bearing Cr. Misc. No.45388 of 2018, which has stood dismissed for want of prosecution vide order dated 02.02.2023. 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 on account of non- prosecution.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.31935 of 2023(2) dt.17-05-2023 2/2 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 petition bearing Cr. Misc. No..45388 of 2018 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) kanchan/Saurav U