Rakesh Kumar Suman v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.3626 of 2015 (2) dt.30-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3626 of 2015 Arising Out of PS.Case No. -431 Year- 2014 Thana -SIWAN CITY District- SIWAN ====================================================== Rakesh Kumar Suman , son of Arjun Sharma, resident of Village- Bhatta, P.S. Kashichak, District- Nawada.

.... .... Petitioner.

Versus

1. The State of Bihar.

2. Rupa Kumari, wife of Rakesh Kumar Suman, resident of VillageKashichak, P.S. Kashichak, District- Nawada. .... .... Opposite Parties.

Appearance :

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Sunil Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 30-01-2015 This petition has been filed for restoration of Cr. Misc. No. 28322 of 2014 which was dismissed for non-compliance of the order dated 11. 07. 2014.

It is submitted that due to mistake requisites etc. for issuance of notice to opposite party no. 2 under ordinary process as well as registered cover with A/D could not be filed. It has been submitted that requisites etc. have been filed later on. There is no laches on the part of the petitioner.

Considering the facts and circumstances of the case, Cr.Misc. No. 28322 of 2014 is restored to its original file. The restoration petition is allowed.

m.p.

(Amaresh Kumar Lal, J) U T