Rajiv Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1007 of 2017 ====================================================== Rajiv Kumar, S/o Late Tapeswar Kumar Singh, Resident of village - Bandhu Bigha, P.S. Paraiya, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Drug Inspector, Rural and Urban ( Retail ) Gaya .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-04-2017 Heard learned counsel for the petitioner and the State.

The present application has been filed for restoration of Cr. Misc. No. 32037 of 2010 which stood dismissed for non-prosecution vide order dated 16.01.2013 passed by a coordinate Bench of this Court (since now retired). Keeping in view of the fact that Cr.

Misc. application of 2010 stood dismissed for non-prosecution vide order dated 16.01.2013 and the present restoration application got registered on 12.01.2017, this Court is not inclined to restore Cr. Misc. No. 32037 of 2010 which was filed for quashing the order dated 03.04.2007 passed by learned Chief Judicial Magistrate, Gaya in connection with Paraiya P.S. Case No. 21 of 2005. Accordingly, the present

Patna High Court Cr.Misc. No.1007 of 2017 (2) dt.06-04-2017 2/2 restoration application is dismissed.

However, petitioner will be at liberty to file fresh quashing application.

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