Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29731 of 2014 Arising Out of PS.Case No. -1810 Year- 2012 Thana -COMPLAINT CASE District- JAMUI ====================================================== Umesh Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-11-2015 This Court vide order dated 15.01.2015 issued notice to opposite party no.2 and thereafter fresh notices were issued vide order dated 21.04.2015. Office note dated 21.07.2015 reflects that requisites were not filed within stipulated time and hence the application stood dismissed as against opposite party no.2 for noncompliance of peremptory order dated 15.01.2015 and office note to that effect has been recorded on 21.07.2015 but the Section Officer signed the earlier office note dated 20.04.2015 and consequently wrong order has been passed as vide order dated 22.07.2015 fresh notices were directed to be issued. Since the matter relates to accusation under Section 498A of the IPC and the application stood dismissed against opposite party no.2, hence there is no need of allowing the application to survive only against the State of Bihar. Hence, the

Patna High Court Cr.Misc. No.29731 of 2014 (5) dt.30-11-2015 2/2 whole application is dismissed.

The order dated 22.07.2015 stands rescind.

Office to be careful in placing the office note before the Court.

(Dinesh Kumar Singh, J) Amrendra/- U T