Rup Chandra Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15517 of 2016 ====================================================== Rup Chandra Jha .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. D.P.Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-05-2016 Heard Sri Arun Kumar Tiwary, learned counsel, who was assisted by Sri Mrityunjay Kumar, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Addl. Public Prosecutor.

The present petition has been filed with a prayer to restore Cr.Misc.No.10317 of 2016, which stood dismissed on 09.03.2016 due to non-prosecution.

Learned counsel for the petitioner tried to persuade the Court that due to bona fide mistake, when the case was called out, none appeared on behalf of the petitioner and , as such, the petition stood dismissed, whereas fact remains that earlier petition was filed for restoring Cr.Misc.No.35880 of 2011 against an order of rejection of complaint petition under Section 203 of the Code of Criminal Procedure. In the present petition, though ground has been taken, the Court is not persuaded with the same for passing

Patna High Court Cr.Misc. No.15517 of 2016 (4) dt.04-05-2016 2/2 any favourable order.

The restoration petition stands dismissed.

(Rakesh Kumar, J) NKS/- U