Dinesh Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49350 of 2014 In Criminal Rev. No.553 of 2008 ====================================================== Dinesh Singh Son of Late Ateran Singh, Resident of Village- Chandpura P.S- Neem Chandrapura, District Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Yogendra Narayan Singh Son of Not known to the petitioner Advocate District - Begusarai

3. Koushalendra Rai Son of not known to the petitioner, Advocate Clerk, Civil Court, Begusarai, District - Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar Jha For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-07-2015 The present application has been filed for restoration of Cr. Rev. No. 553 of 2008 which stood dismissed as against opposite party no. 3 alone on account of non-compliance of Court's peremptory order dated 05.09.2012.

Learned counsel appearing on behalf of the petitioner submits that the aforesaid order dated 05.09.2012 could be complied with belatedly on 28.07.2014 due to certain confusion. Despite issuance of show cause notice, none appears on behalf of the private opposite parties to oppose the prayer made in the present application.

After having heard learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State and for the reasons disclosed in the present restoration application as also the supplementary affidavit, prayer for restoration is allowed. Cr. Rev. No. 553 of

Patna High Court Cr.Misc. No.49350 of 2014 (3) dt.29-07-2015 2/2 2008 with respect to opposite party no. 3 is restored to its original file. If notices have not been issued in Cr. Rev. No. 553 of 2008 till date, despite filing of requisites by the petitioner, then the same shall be issued without any unnecessary further delay. The application stands finally allowed with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U T