Champa Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50856 of 2015 ====================================================== Champa Kumari wife of Pappu Sharma, D/o Late Suresh Sharma, resident of village- Manjharia, P.S.- Aajam Nagar, District- Katihar .... .... Petitioner

Versus

1. The State of Bihar

2. Amit Sharma, son of Santo Sharma, resident of village- Manjharia, P.S.- Aajam Nagar, District- Katihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Pandey For the Opposite Party/s : Mr. M.K. Nirala (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 27-11-2015 By making this application, the petitioner has sought for restoration of Cr. Appeal (DB) No.735 of 2015, which was dismissed for default on 09.10.2015.

Having considered the averments made in the application and having heard learned counsel for the parties, this Court is satisfied that the absence of the learned counsel for the petitioner from the Court on 09.10.2015 was for reasons beyond his control.

In view of the above and in the interest of justice, the order, dated 09.10.2015, aforementioned is hereby set aside and Cr. Appeal (DB) No.735 of 2015 is hereby restored to its original file.

Patna High Court Cr.Misc. No.50856 of 2015 (3) dt.27-11-2015 2/2 In terms of the above directions and observations, this application stands disposed of.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) Sunil/- U