Surendra Nath Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34152 of 2016 ====================================================== Surendra Nath Pandey, son of Late Abhiraj Pandey, Resident of village and P.O.- Raghunathpur, P.S. - Raghunathpur, District - Siwan. .... .... Petitioner

Versus

1. The State of Bihar.

2. Purnima Devi wife of Mani Kant Pandey, Resident of village and P.O.- Raghunathpur, P.S.- Raghunathpur, District - Siwan. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Mishra, Advocate For the Opposite Parties : Mr. Lakshmi Kant Sharma (APP31) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure has been filed for restoration of Cr. Misc. No. 18137 of 2015 which has been dismissed for default due to noncompliance of the Court's order dated 28.04.2015. It is submitted by the learned counsel for the petitioner that due to inadvertence of the clerk, the order could not be complied with within time. However after expiry of the time, the order passed by this Court on 28.04.2015 has already been complied with.

Regard being had to the facts and circumstances of the case, let Cr. Misc. No. 18137 of 2015 be restored to its original

Patna High Court Cr.Misc. No.34152 of 2016 (2) dt.17-08-2016 2/2 file.

The registry is directed to take steps for sending the notices to the opposite party no.2.

(Ashwani Kumar Singh, J.) ravi/- U T