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Patna High CourtCR. MISC./52394/2018allowed

Rajendra Yadav v. State Of Bihar And ANR

2018-09-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52394 of 2018 ====================================================== Rajendra Yadav, son of Late Ramphal Yadav, resident of village - Bhajan Toli, P.S. - Chhatarpur, District - Supaul.

.... .... Petitioner/s

Versus

1. State of Bihar

2. Sita Ram Paswan, son of Late Saryug Paswan, resident of village - Maheshpur, P.S. - Supaul, District - Supaul.

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

For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Binay Krishna, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for restoration of Cr. Misc. No.57963 of 2017 which was dismissed on 02.08.2018 for want of prosecution.

It is contended by the learned counsel for the petitioner that while he was in another court, the case was called out and it was dismissed for want of prosecution. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the

Patna High Court Cr.Misc. No.52394 of 2018 (2) dt.26-09-2018 2/2 petitioner, prayer is allowed.

Cr. Misc. No. 57963 of 2017 is directed to be restored to its original file.

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