Patna High CourtCR. MISC./62317/2017dismissed

Purvi Champaran Zila Khadi Gramodyog Samitee, Motihari, Through Its Present Secretary, Satyendra Ku v. State Of Bihar And ANR

2018-01-03Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62317 of 2017 ====================================================== Purvi Champaran Zila Khadi Gramodyog Sangh, Motihari, through its Present Secretary, Satyendra Kumar, S/o Late Shiv Sagar Singh R/o Miscot, P.S. Motihari Town, District - East Champaran.

... ... Petitioner

Versus

1. The State of Bihar

2. Prabhunath Pandey S/o Sri Ramakant Pandey, Resident of village - Bediban, P.S. - Pipra, District - Purvi Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-01-2018 At the very outset, learned counsel for the petitioner submits that instead of mentioning 'Purvi Champaran Zila Khadi Gramodyog Sangh', it was incorrectly typed as 'Purvi Champaran Zila Khadi Gramodyog Samitee'. He requests for allowing him to correct the same. He is permitted to make correction in course of the day.

Heard Sri Sunil Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The present petition has been filed with a prayer to restore Cr. Misc. No. 17377 of 2000, which stood dismissed long back on 14-07-2010. Though, quashing application stood dismissed in the month of July, 2010, the present restoration petition has been filed on 19-12-2017.

Patna High Court Cr.Misc. No.62317 of 2017(2) dt.03-01-2018 2/2 Learned counsel for the petitioner, by way of referring to statement made in paragraph - 4, 5 and 6 of the restoration petition, tried to persuade the Court that there is reason to entertain the present restoration petition, since the present Secretary has taken charge in the month of July, 2017 and thereafter, he noticed that quashing application was earlier dismissed due to non-prosecution.

Be that as it may, since quashing application i.e. Cr. Misc. No. 17377 of 2000 stood dismissed due to non-prosecution long back on 14-07-2010, there is no reason to entertain the restoration petition, which was filed on 19-12-2017. Accordingly, the restoration petition stands dismissed. (Rakesh Kumar, J.) anay U T