Ajit Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29275 of 2015 Arising Out of PS. Case No.- Year-0 Thana- District- Gopalganj ====================================================== AJIT KUMAR DUBEY Son of Late Prithvi Nath Dubey Resident of Village - Hajiapur, Ward No. 09, Gopalganj, P.S. and District Gopalganj. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Ramesh Pandey Son of Late Dinanath Pandey.

3.

Mohan Pandey Son of Late Ganesh Pandey.

4.

Satish Pandey Son of Late Ganesh Pandey.

5.

Remi Pandey @ Pratyush Kumar Pandey, son of Ramesh Pandey. all resident of Mauza - Hajiapur, P.O. and P.S.- Gopalganj, District - Gopalganj.

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Advocate For the Opposite Party/s :

Smt.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-06-2023 Heard learned counsel for the petitioners, learned counsel for the State and learned senior counsel for the opposite party nos.2 to 5.

Learned counsel for the petitioners submits that by the impugned order dated 14.10.2014 Criminal Revision No.89 of 2013 filed by the petitioners has been dismissed for default due to non-attendance and he prays for restoration of the case in the interest of justice.

Learned senior counsel for the opposite party no.2 submits that the petitioners are chronic litigants and the opposite

Patna High Court CR. MISC. No.29275 of 2015(3) dt.22-06-2023 2/2 party nos.2 to 5 and their families are contesting number of proceedings filed by the petitioners. The details of nine cases have been mentioned in paragraph no.3 of the counter affidavit filed by the opposite party nos.2 to 5. He further submits that the impugned order is appealable.

In view of the submissions of learned senior counsel for the opposite party nos. 2 to 5, this application is permitted to be withdrawn with a liberty to the petitioners to avail the alternative remedy of appeal against the impugned order.

Accordingly, this application is disposed of as withdrawn.

(Sandeep Kumar, J) pawan/- U T