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Patna High CourtCR. MISC./43969/2022allowed

Md. Kismat Ali v. The State Of Bihar

2022-08-31Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43969 of 2022 In CRIMINAL MISCELLANEOUS No.35008 of 2021 Arising Out of PS. Case No.-1115 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== MD. KISMAT ALI Son of Md. Salamat Ali Resident of Mohalla- N.A.C. road, ward No. 11, P.S- Khagaria, Dist- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ram Babu Sah Son of Kamleshwar Sah R/V and PO- Muzaffara, P.SVirpur, Dist- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-08-2022 The present petition has been filed for restoring a petition bearing Criminal Misc. No. 35008 of 2021, which has stood dismissed for want of prosecution on 19.04.2022. The learned counsel for the petitioner has submitted that on account of the counsel for the petitioner being engaged in his treatment, he could not come to the Court, hence the said petition has stood dismissed on account of non-prosecution. The learned A.P.P. for the State has got no objection in case the aforesaid petition is restored.

Having regard to the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, the aforesaid petition bearing

Patna High Court CR. MISC. No.43969 of 2022(2) dt.31-08-2022 2/2 Criminal Misc. No. 35008 of 2021, is restored to its original file.

The petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U T