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Patna High CourtCR. MISC./24727/2019allowed

Md. Taslim Safi v. The State Of Bihar

2019-08-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24727 of 2019 In CRIMINAL MISCELLANEOUS No.14936 of 2015 Arising Out of PS. Case No.-10105 Year-2014 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Md. Taslim Safi son of Sri Habib Safi, resident of Mohalla-Maklhachak, P.SBakhri, District-Begusarai. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Md. Shaffi son of Late Abdul Shaffi, resident of Mohalla-Maklhachak, P.SBakhri, District-Begusarai. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-08-2019 This application under Section 482 of the Code of Criminal Procedure has been filed for restoration of Cr.Misc. No.14936 of 2015, which stood dismissed on 05.01.2018 for want of prosecution.

Learned counsel for the petitioner submitted that when the case was called out, due to unavoidable and compelling circumstances, he could not appear on 05.01.2018. By the time he came to the court, the case had already been dismissed for want of prosecution. He contended that there was no deliberate or wilful laches on the part of the petitioner. Having regard to the submission made above, the

Patna High Court CR. MISC. No.24727 of 2019(2) dt.14-08-2019 2/2 application is allowed.

Cr. Misc. No.14936 of 2015 is directed to be restored to its original file.

(Ashwani Kumar Singh, J) Md. S/- U T