Kamlesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39931 of 2024 In CRIMINAL MISCELLANEOUS No.11361 of 2016 Arising Out of PS. Case No.-247 Year-2010 Thana- CHAPRA TOWN District- Saran ====================================================== 1.
KAMLESH KUMAR SINGH SON OF OM PRAKASH SINGH RESIDENT OF VILLAGE - RAUJA, POLICE STATION - CHAPRA TOWN, DISTRICT - SARAN 2.
OM PRAKASH SINGH SON OF MANGAL SINGH RESIDENT OF VILLAGE - RAUJA, POLICE STATION - CHAPRA TOWN, DISTRICT - SARAN 3.
SHAILESH KUMAR SINGH SON OF OM PRAKASH SINGH RESIDENT OF VILLAGE - RAUJA, POLICE STATION - CHAPRA TOWN, DISTRICT - SARAN 4.
AMRESH KUMAR SINGH @ AMRESH KUMAR SON OF OM PRAKASH SINGH RESIDENT OF VILLAGE - RAUJA, POLICE STATION - CHAPRA TOWN, DISTRICT - SARAN 5.
MANISH KUMAR SINGH @ MANISH SINGH SON OF OM PRAKASH SINGH RESIDENT OF VILLAGE - RAUJA, POLICE STATION - CHAPRA TOWN, DISTRICT - SARAN 6.
RITA DEVI WIFE OF SHAILESH KUMAR SINGH RESIDENT OF VILLAGE - RAUJA, POLICE STATION - CHAPRA TOWN, DISTRICT - SARAN ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
RAJAN KUMAR SINGH SON OF LATE PASHUPATI SINGH RESIDENT OF MOHALLA - DALDALI BAZAR, P.S. - CHAPRA TOWN, DISTRICT - SARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2024 The present petition has been filed for restoration of a petition bearing Criminal Miscellaneous No. 11361 of 2016, which has stood dismissed for non-prosecution, by an order
Patna High Court CR. MISC. No.39931 of 2024(6) dt.21-06-2024 2/2 dated 13.9.2023.
2.
The learned counsel for the petitioners has submitted that the aforesaid case could not be marked in the daily cause list of 13.9.2023, resulting in the counsel being unable to attend the case when the case was called out for hearing, leading to dismissal of the aforesaid petition for non-prosecution, hence, a sympathetic view be taken and the aforesaid petition be restored to its original file.
3.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid petition bearing Criminal Miscellaneous No. 11361 of 2016 to its original file. 4.
The present petition stands allowed.
(Mohit Kumar Shah, J) Ajay/- U