Dhiraj Kumar Patel v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.8105 of 2016 (2) dt.16-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8105 of 2016 ======================================================

1. Dhiraj Kumar Patel, son of Jagdish Prasad, resident of B-102, Ram Raj Mahal Apartment, North Mandiri, P.S. Budha Colony, town and District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Branch Manager Karnataka Bank Limited, Exhibition Road, Patna 800001.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhdeep Das For the Opposite Party/s Mr. Abhay Kumar No. 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16.03.2016 Heard.

Taking into consideration that Cr. Misc. no. 20058/2014 was dismissed for non-prosecution on 24.12.2014 but present restoration petition has been filed on 17.2.2016 i.e. more than after one year, I am not inclined to restore Cr. Misc. no. 20058/2014 on its original number. Accordingly, this restoration petition stands dismissed.

However, petitioner may file fresh petition under section 438 of the Cr.P.C.

Shahid (Hemant Kumar Srivastava, J) U T