Ram Dev Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 8368 of 2018 In Criminal Miscellaneous No. 63674 of 2017 ====================================================== Ram Dev Mahto S/o Late Tilak Dhari Mahto, R/o Village- Karara, P.S.- Ghoswari, Distt.- Patna.

... ... Petitioner

Versus

1. The State of Bihar.

2. Lallu Mahto S/o Late Rajendra Mahto, R/o Vill.- Karara, P.S.- Ghoswari, Distt.- Patna.

3. Papul Mahto S/o Sri Mahesh Mahto, R/o Vill.- Karara, P.S.- Ghoswari, Distt.- Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Tiwary For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

07-03-2018 Today again, on call, a prayer is being made on behalf of petitioner for adjourning the case.

Sri Rana Randhir Singh, learned Addl. Public Prosecutor submits that the present restoration petition may not be entertained, since this Court, while dismissing the main petition i.e. Cr.Misc. No. 63674 of 2017, had noticed that in the quashing application, there was no sufficient ground, however; since there was non-appearance, the petition stood dismissed due to non-prosecution. He has also drawn my attention to the last order i.e. order dated 21-02-2018 and submits that on last date also, the case was got adjourned. He further submits that it

Patna High Court Cr.Misc. No.8368 of 2018(3) dt.07-03-2018 2/2 appears that only petitioner wants this matter may be kept pending here so that the proceeding before the court below may also remain pending. He submits that it is a peculiar case, in which, the prayer of the petitioner for getting a confessional statement recorded before the police, as exhibit, was rejected. Be that as it may, considering the facts and circumstances, I do not find any ground to entertain the prayer for adjournment. The petition stands dismissed.

Let a copy of this order be sent to the court below forthwith so that the court below may proceed with the case in accordance with law.

(Rakesh Kumar, J.) anay U T