Uma Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24474 of 2023 In CRIMINAL MISCELLANEOUS No.43746 of 2018 Arising Out of PS. Case No.-419 Year-1999 Thana- JAHANABAD District- Jehanabad ====================================================== UMA SHANKAR SINGH Son of Late Devendra Singh Resident of village - Ramdeo Chak, P.S. - Jehanabad, Distt. - Jehanabad, at present residing at Yadubanshi Nagar, Digha Ghat, P.S. - Digha, Distt. - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition has been filed for restoration of a petition bearing Cr. Misc. no. 43746 of 2018, which has stood dismissed on account of non- prosecution vide order dated 25.01.2023.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed on account of non- prosecution.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.24474 of 2023(2) dt.12-04-2023 2/2 case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid petition bearing Cr. Misc. no. 43746 of 2018 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) rinkee/- U T