← Library
Patna High CourtCR. MISC./37570/2024allowed

Umati Khatoon v. The State Of Bihar

2024-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37570 of 2024 In CRIMINAL MISCELLANEOUS No.27959 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Umati Khatoon W/o- Md. Hira Shah Village- Chandanpatti Ps- Pataur OP APM Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Md. Jamal Shah @ Md. Jamal son of Md. Khalid Sah Village- Chanpati PsAshok Paper Mill Pator OP Dist- Darbhanga 3.

Ansar Sah @ Ansar Hussain Sah son of Md. Qayum Sah Village- Chanpati Ps- Ashok Paper Mill Pator OP Dist- Darbhanga 4.

Md. Anwar Sah son of Qayum Sah Village- Chanpati Ps- Ashok Paper Mill Pator OP Dist- Darbhanga 5.

Rahmat Sah @ Rahmat Ali son of Md. Asan @ Ehasan Sah VillageChanpati Ps- Ashok Paper Mill Pator OP Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State .

2. The present restoration application has been filed for restoration of Cr. Misc. No. 27959 of 2022 , which stood dismissed due to non-compliance of peremptory order dated 17.05.2023 . By the said order, two weeks time was allowed to file requisites of notice on opposite party nos. 2 to 5 . 3 . Learned counsel for the petitioner submits that due

Patna High Court CR. MISC. No.37570 of 2024(2) dt.31-08-2024 2/2 to inadvertence, the requisites etc. could not be filed on time, but same has been filed belatedly on 19.04.2023 . This statement has been made in paragraph - 3 of the petition .

4. In view of submission made by learned counsel for the petitioner, this restoration petition is allowed.

5. Let Cr. Misc. No. 27959 of 2022 be restored to its original file .

6. Office is directed to verify the same and proceed further.

(Prabhat Kumar Singh, J) Koushik/- U T