Birendra Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3599 of 2014 In CRIMINAL MISCELLANEOUS No.3138 of 2014 ====================================================== 1.

Birendra Singh and Anr. Son of Late Jato Singh Resident of Village - Fatehpur, P.S. - Fatehpur, District - Gaya.

2.

Manju Devi Wife of Birendra Singh Resident of Village - Fatehpur, P.S. - Fatehpur, District - Gaya.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Upendra Prasad II, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-07-2026 In this case, Office has recorded the following facts: "Reg. Defect no. 3, Stamp reporter has pointed out Maintainability at S.R page kept at flag 'A' that, "The present M.J.C. petition filed U/S-482 of Cr.P.C for restoration of Criminal 3138/2014 Miscellaneous which has been dismissed for default on 26.08.2014 for nonprosecution. On going through the connected records it comes to light that aforesaid case is restored by the Honble Court by Order dated 12.11.2014 passed Miscellaneous in Criminal 43769/2014. However, by order dated

Patna High Court MJC No.3599 of 2014(2) dt.02-07-2026 2/2 02.11.2015 passed in Criminal Miscellaneous case no. 3138/2014 by the Honble Court aforesaid case is dismissed as being infructuous one. As such, present M.J.C petition bearing MJC no. 3599/2014 filed for restoration restoration of Criminal Miscellaneous case no 3138/2014 appears to be infructuous one."

2. In that background, the restoration petition stands dismissed as become infructuous.

(Rajiv Roy, J) vinayak/- U