Patna High CourtCR. MISC./55463/2015disposed

Rajesh Kumar @ Manogi Prasad v. State Of Bihar And ANR

2016-01-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55463 of 2015 ======================================================

1. Rajesh Kumar @ Manogi Prasad son of Siya Sharan Prasad resident of village- Danara, P.S.- Daniawan, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ruby Kumari wife of Rajesh Kumar @ Manogi Prasad daughter of Vidyanand Singh, resident of village + P.S.- Daniawan, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ujjwal Kumar Sinha For the Opposite Party/s : Mr. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-01-2016 Heard.

This petition has been filed for restoration of Criminal Misc. No. 5802 of 2014 which stood dismissed due to non compliance of the order dated 22.05.2015 by which the petitioner had been directed by this Court to file necessary requisites for issuance of notice to opposite party no. 2 within one week after summer vacation but the petitioner failed to comply with the aforesaid order. However, learned counsel for the petitioner submits that due to some misconception notice could not be filed and now the petitioner is ready to file notice within the period as may be directed by this Court.

In view of the aforesaid submissions as well as

Patna High Court Cr.Misc. No.55463 of 2015 (3) dt.13-01-2016 facts and circumstances of the case, Criminal Misc. No. 5802 of 2014 is restored to its original file and number and, accordingly, petitioner is directed to file necessary requisites within one week from today and after filing of necessary requisites the office should proceed in the light of the order dated 22.05.2015. Failure on the part of the petitioner to file necessary requisites within the above stated period shall pave way for dismissal of Criminal Misc. No. 5802 of 2014.

(Hemant Kumar Srivastava, J) Amin/- U