Vijay Pandey @ Vijay Shankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 59147 of 2019 Arising out of CRIMINAL MISCELLANEOUS No. 46340 of 2014 Arising Out of PS Case No.-28 Year-2012 Thana- SC/ST District- Kaimur (Bhabua) ====================================================== 1.

Vijay Pandey @ Vijay Shankar Pandey, aged about 50 years, Male, Son of Late Ramdhani Pandey.

2.

Rajkumar Kushwaha @ Raj Kumar Singh, aged about 45 years, Male, Son of Ghurfekan Kushwaha.

3.

Gauri Pandey, aged about 35 years, Male, Son of Late Ramdhani Pandey. 4.

Girja Gond, aged about 46 years Male, Son of Kalu Gond. 5.

Mahendra Kushwaha @ Mahendra Singh, aged about 40 years, Male, Son of Jhudi Kushwaha.

6.

Kishori Pandey, aged about 50 years, Male, Son of Late Chata Pandey. 7.

Kashi Kushwaha @ Thangar Kushwaha @ Kashinath, aged about 65 years, Male, Son of Late Chedi Kushwaha.

All resident of Village- Kochadi, PS- Bhagwanpur, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Madan Paswan, aged about 46 years, Male, Son of Rambriksh Paswan, Resident of Village- Kochadi, PS- Bhagwanpur, District- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the State :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021 Heard Mr. Rajani Kant Pandey, learned counsel for the petitioners and Mr. Dinesh Singh, learned APP for the State.

2. The present application has been filed for recall of order dated 04.02.2019 passed in Cr. Misc. No. 46340 of 2014

Patna High Court CR. MISC. No.59147 of 2019 dt.02-02-2021 2/2 which stood dismissed for non-appearance of learned counsel for the petitioners.

3. Learned counsel for the petitioners submitted that due to illness he could not come to Court and the case was dismissed.

4. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that sufficient cause has been shown for non-appearance of learned counsel for the petitioners on 04.02.2019, leading to dismissal of Cr. Misc. No. 46340 of 2014.

5. In view thereof, the application is allowed. The order dated 04.02.2019 passed in Cr. Misc. No. 46340 of 2014 is recalled and the case stands restored to its original file and number. (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T