Binay Kumar Sharma And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 30831 of 2014 Arising Out of PS.Case No. -178 Year- 2012 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ===========================================================

1. Binay Kumar Sharma S/o Mahendra Sharma Resident of village- Amarpur, P.S.- Bihpur, District- Bhagalpur

2. Mritunjay Choudhary @ Mritunjay Kumar Choudhary Son of Late Upendra Choudhary resident of village- Navtolia (Narayanpur), P.S.- Bihpur, DistrictBhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kapildeo Sharma S/o Late Bajit Sharma R/o village- Asha Tole P.S.- Bihpur, District- Bhagalpur .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr Indeshwari Prasad Mandal, Advocate For the S t a t e : Dr Mayanand Jha, APP =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 04-10-2017 In compliance of the order dated 26.07.2017, the requisites for issuance of notice upon Opposite Party No 2 have not been filed and the case stood dismissed as against Opposite Party No

2. On 23.08.2017, learned counsel for the petitioners sought two weeks time to file a restoration application. Till date, no restoration application has been filed and the counsel for the petitioners submits that he has no instructions in the matter. The order taking cognizance under challenge is dated 23.08.2013.

2 In view of the said position and in view of lack of

Patna High Court Cr.Misc. No.30831 of 2014 dt.04-10-2017 2/2 instructions, it appears that the petitioners are not interested in pursing the instant case.

3 The application is, therefore, dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.10.2017 Transmission Date 07.10.2017