Yogendra Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17183 of 2017 ====================================================== Yogendra Prasad, Son of Guljar Sah, Resident of village - Rohra Kala, PostBail Garh, P.S.- Badhariya, District - Siwan .... .... Petitioner

Versus

1. The State of Bihar

2. Harendra Prasad, Son of Late Nageshwar Prasad, Resident of village - Rohra Kala, P.S.- Badhariya, District - Siwan .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar, Advocate For the Opposite Party/s : Mr. Sri Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-04-2017 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.34606 of 2013 which stood dismissed for non-compliance of preemptory order dated 10.08.2016.

It is submitted by the learned counsel for the petitioner that under some confusion, the requisites for issuance of notice could not be filed within the stipulated period. He submitted that subsequently on 19.08.2016 the requisites have

Patna High Court Cr.Misc. No.17183 of 2017 (2) dt.12-04-2017 2 / 2 already been filed before the Registry.

Having regard to the submissions made by the learned counsel for the petitioner and on the facts and in the circumstances of the case, the prayer is allowed. Registry is directed to restore Cr. Misc. No. 34606 of 2013 to its original file.

(Ashwani Kumar Singh, J.) Sanjeet/- U