Akhileshwar Prasad v. The State Of Bihar Through Secretary, Food And Consumer Protection Deptt. Govt. Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19351 of 2020 In CRIMINAL MISCELLANEOUS No.84639 of 2019 Arising Out of PS. Case No.-245 Year-2018 Thana- RANIYATALAB District- Patna ====================================================== Akhileshwar Prasad Son of Late Harinandan Prasad Resident of VillageHarerampur, P.S.-Rani Talab, District-Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Secretary, Food And Consumer Protection Deptt. Govt. Of Bihar.

2.

The District Magistrate, Patna. Patna.

3.

The Sub-Divisional Officer, Paliganj, Patna. Patna. 4.

The Block Supply Officer, Dulhin Bazar, Patna. Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Ranjan Kumar For the Opposite Party/s :

Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State Ms. Asha Kumari.

The present petition has been filed for restoration of a

Patna High Court CR. MISC. No.19351 of 2020(2) dt.08-09-2021 2/2 petition bearing Cr. Misc. no. 84639 of 2019, which has stood dismissed on account of non-compliance of the peremptory order dated 19.12.2019.

The learned counsel for the petitioner, in presence of the learned APP for the State submits that the requisites for issuance of notice have already been filed on 17.01.2020, though the same was required to be filed by 16.01.2020, hence the aforesaid petition had stood dismissed for default. It is submitted that on account of inadvertence, one day delay has taken place in filing the requisites, hence the petition be restored.

Having regard to the facts and circumstances of the case and 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. 84639 of 2019 to its original file.

The present petition stands allowed.

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