Md. Jalalu Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23683 of 2015 ======================================================

1. Md. Jalalu Sah S/O Md. Sultan Sah Resident of village Pakhnari, Police Station Shivnagar, District Rohtas.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Bibi Khatoon Daughter of Md. Kalim, wife of Md. Jalal Sah Resident of village Pakhnari, Police Station Shivnagar, District Rohtas, Presently residents at Muhalla Nuranganj, Police Station Sasaram Town, District Rohtas.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Prabhakar Jha, Advocate For the Opposite Party No.1: Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 22-05-2015 By making this application, the petitioner has sought for restoration of Cr. Misc. No.46899 of 2014, which was dismissed for default on 23.04.2015.

Having considered the averments made in the application and having heard learned counsel for the parties, this Court is satisfied that the absence of the learned counsel for the petitioner from the Court on 23.04.2015 was for reasons beyond his control.

In view of the above and in the interest of justice, the order, dated 23.04.2015, aforementioned is hereby set aside and Cr. Misc. No. 46899 of 2014 is hereby restored to its original file.

Patna High Court Cr.Misc. No.23683 of 2015 (2) dt.22-05-2015 2/2 In terms of the above directions and observations, this application stands disposed of.

(I. A. Ansari, J) Pawan/- U T