Zeyauddin @ Md. Zeyauddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 46587 of 2016 ======================================================

1. Zeyauddin @ Md. Zeyauddin, Son of Imamuddin

2. Shahabuddin @ Md. Shahabuddin, Son of Imamuddin

3. Zaitun Nisha, wife of Imamuddin

4. Rukhsana Khatoon, Daughter of Imamuddin

5. Tajuddin, Son of Imamuddin All are resident of Mohalla- Raham Khan, P.S.- Laheriasarai, DistrictDarbhanga. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

26-10-2016 Heard Mr. Iqbal Asif Niazi, learned counsel for petitioners and learned Addl. Public Prosecutor. The present petition has been filed with a prayer to restore a quashing application i.e. Cr.Misc. No. 3475 of 2003, which stood dismissed due to repeated non-appearance by order dated 06-09-2010. The present restoration petition was filed on 22nd October, 2016.

Learned counsel for petitioners, by way of referring to statement made in the petition, tried to persuade the Court that petitioners were not at fault and as such, petitioners may not be allowed to suffer.

However, keeping in view the fact that main

Patna High Court Cr.Misc. No.46587 of 2016 (2) dt.26-10-2016 2/2 application was dismissed in the year 2010 itself and present restoration petition was filed almost in the end of 2016, there is no reason to allow such petition.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T