Dharmendra Sahrma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14116 of 2019 In CRIMINAL MISCELLANEOUS No.32176 of 2018 Arising Out of PS. Case No.-177 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Munger ====================================================== DHARMENDRA SAHRMA Son of Manik Chandra Sharma @ Manik Sharma, resident of Village- Bamber, P.S.- Haveli Kharagpur, Distt- Munger. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2019 By way of the present restoration application, petitioner seeks to restore the Cr. Miscellaneous No. 32176 of 2018, which stood dismissed for non prosecution vide order dated 04.07.2018.

Submission of learned counsel for the petitioner that due to medical emergency the counsel of the petitioner had gone out of station and he has handed over the file to his colleague but he could not attend the court on the date when the case was fixed and there is no willful or deliberate laches on the part of the petitioner.

Having considered the averments made in restoration application as well as the submission of learned counsel for the

Patna High Court CR. MISC. No.14116 of 2019(2) dt.27-03-2019 2/2 petitioner, Criminal Miscellaneous No. 32176 of 2018 is restored to its original subject to the cost of Rs. 5,00/- to be deposited by the petitioner in Patna High Court Legal Services Committee, Patna by 09.04.2019.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) sunilkumar/- U T