Pashupati Kumar @ Pashupati Nath Gupta And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70646 of 2018 In Criminal Miscellaneous No.5285 of 2016 Arising Out of PS. Case No.- Year- Thana- District- Jehanabad ======================================================
1. Pashupati Kumar @ Pashupati Nath Gupta
2. Satish Kumar @ Shatrughan Kumar
3. Sonu Kumar
4. Baharangi Kumar 1 to 4 are Ramdeo Prasad
5. Ramdeo Prasad S/o Late Ramdeo Sao All are Resident of Village-Tehta, P.S.-Makhdumpur (Tehta), District-Jehanabad. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Himanshu Kumar S/o Kishori Lal, Resident of Village-Tehta, P.S.- Makhdumpur (Tehta), District-Jehanabad.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Adv.
For the Opposite Party/s :
Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
This application has been filed for restoration of this application. By order dated 03.10.2018 passed in Cr. Misc. no. 5285/2016, the petitioners have been directed to file requisites for issuance of notice on the opposite party no. 2 through both processes.
Learned counsel for the petitioners has submitted that inadvertently they filed requisites for issuance of notice by ordinary process only, but did not file requisite for issuance of
Patna High Court Cr.Misc. No.70646 of 2018(2) dt.12-12-2018 2/2 notice by registered cover under impression that order has been passed only to file notice through ordinary process. He further submits that he has filed notice under registered cover also after two days of the peremptory period.
Let the office accept the notice filed by the petitioners. This case may be restored to its original file. The restoration petition is, accordingly, allowed. (Sanjay Priya, J) vinita/- U T