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Patna High CourtCR. MISC./15054/2025allowed

Chitranjan Yadav @ Manjan v. The State Of Bihar

2025-02-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15054 of 2025 In CRIMINAL MISCELLANEOUS No.6270 of 2025 Arising Out of PS. Case No.-70 Year-2024 Thana- KACCHWA District- Rohtas ====================================================== Chitranjan Yadav @ Manjan Son of Binod Yadav Resident of Village-Saraiya, P.S.-Kachhawan, District-Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Reetu Kumari Son of Manoj Ram Resident of Village-Saraiya,P.S.- Kachhawan,District-Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Malti Kumari, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed for restoration of Cr. Misc. No. 6270 of 2025 in connection with Kacchwa P.S. Case No. 70 of 2024, which was dismissed for default on 14.02.2025 for non-compliance of the peremptory order dated 31.01.2025 passed by this Court.

3. Learned counsel for the petitioner submits that vide aforesaid order dated 31.01.2025, the notice was issued to the O.P. No.2 through both modes with direction to the petitioner to file requisites within two weeks, failing which the petitioner

Patna High Court CR. MISC. No.15054 of 2025(2) dt.28-02-2025 2/2 shall stand rejected without further reference to a Bench.

4. Learned counsel for the petitioner further submits that due to illness of the advocate appearing on behalf of the petitioner, the petitioner could not comply the order passed by this Court within the prescribed time. He further submits that there is no intentional or deliberate latches either on the part of the petitioner or his counsel and prays for restoration of Cr. Misc. No. 6270 of 2025.

5. For the reasons stated in this application and the submissions made in support thereof, the instant petition for restoration is allowed and, as a consequence, the Cr. Misc. No. 6270 of 2025 is restored to its original file. (Rudra Prakash Mishra, J) rishi/- U T