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Patna High CourtCR. MISC./7301/2017dismiss for nonprosecution

Shambhu Nathgoswami And ORS v. State Of Bihar And ANR

2024-01-11Mr. Justice Satyavrat Verma1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7301 of 2017 Arising Out of PS. Case No.-349 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================

1. Shambhu Nath Goswami

2. Ranjan Kumar Goswami, both are sons of Late Triveni Goswami

3. Kamla Devi @ Subhadra Devi, Wife of Late Triveni Goswami All are resident of village Gurua, P.S. Gurua, District Gaya ... ... Petitioner/s

Versus

1. The State of Bihar

2. Soni Devi, W/o Sanjay Kumar Goswami ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2024

1. No one appears on behalf of the petitioners. Learned A.P.P. for the State is present.

2. By order dated 19.09.2023 notices were issued on opposite party no. 2. From the office report dated 10.01.2024, it manifests that in compliance of the order dated 19.09.2023, the notices were not filed, as such, the case stands dismissed with respect to opposite party no. 2. The office report further records that as to whether the case will proceed against the State of Bihar only or not.

3. Since the order of cognizance is under challenge as such without hearing opposite party no. 2, no order on merits can be passed as such the case stands dismissed for non-compliance. (Satyavrat Verma, J) Kundan/- U T