Shiv Kumar Sah @ Bir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53325 of 2016 ====================================================== Shiv Kumar Sah @ Bir, son of Late Kuldeep Shah, Resident of VillageJay Bazar, Behea, Police Station- Behea, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Makardhwaj Upadhyay, Advocate For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2017 By way of the present application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks restoration of Cr. Misc. No. 33742 of 2013 which was dismissed for want of prosecution on 08.08.2016. It has been contended that since the counsel for the petitioner was engaged in some other Court when the aforesaid criminal miscellaneous was taken up by this Court, he could not appear before the Court and the application was dismissed for want of prosecution.

Regard being had to the submission made above, the prayer is allowed.

Let Cr. Misc. No. Cr. Misc. No. 33742 of 2013 be restored to its original file.

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