Ashish Sultaniya @ Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30868 of 2024 In CRIMINAL REVISION No.131 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Khagaria ====================================================== Ashish Sultaniya @ Ashish Kumar Son Of Pashupati Nath Sultaniya Resident Of Village- Station Road Madhepura Ward No. 20, Ps- Madhepura, DistMadhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shivangi Agrawal Wife Of Ashish Sultaniya Resident Of Village- Purani Bazar, Maheshkhunt, Ps- Maheshkhunt, Dist- Khagaria 3.

Aask @ Radheshyam Son Of Ashish Sultania Resident Of Village- Purani Bazar, Maheshkhunt, Ps- Maheshkhunt, Dist- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swetang Sinha, Advocae For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 26-04-2024 This is an application for restoration of Criminal Revision No. 131 of 2021 which was dismissed for default on 9th of February, 2024.

2. The application for restoration has been filed on 13th of February, 2024 that is well within the time of limitation. It is submitted on behalf of the petitioner in the restoration application that the learned arguing counsel unfortunately had met with an accident while coming to the Court on 9th of February, 2024 and when the matter was called on for hearing he was not present due to such accident.

Patna High Court CR. MISC. No.30868 of 2024(2) dt.26-04-2024 2/2

3. Having heard learned Advocate for the petitioner and on perusal of the petition for restoration, this Court is of the view that the learned counsel for the petitioner was sufficiently prevented from attending the Court on 9th of February, 2024, as a result of which, the aforesaid revision was dismissed for default.

4. Accordingly, the application for restoration is allowed.

5. The revisional application be restored to its file.

6. The petitioner is directed to serve fresh notice upon the opposite party and filed requisites within seven days from the date of this order.

The instant revision shall be listed after receipt of service return.

(Bibek Chaudhuri, J) uttam/- U