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Patna High CourtCR. MISC./27556/2013allowed

Vishal Thakur v. The State Of Bihar And ANR.

2018-06-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27556 of 2013 ===================================== Vishal Thakur .... .... Petitioner/s

Versus

The State of Bihar & Anr.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Ganpati Trivedi, Sr. Adv. For the Opposite Party/s : Mr. Anil Kumar Singh (App) ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-06-2018 This is an application seeking restoration of Cr. Misc. No. 29523 of 2006, which was dismissed for nonprosecution vide order dated 31.07.2007. Mr. Ganpati Trivedi, learned Senior Advocate for the petitioner has submitted that the grievance of the complainant has already been redressed and the tractor which was the subject matter of dispute has also been restored to the complainant. In that view of the matter, there would be no necessity of continuing with the criminal prosecution of the petitioner. Be that as it may, this submission pertains to the merits of the case. Learned counsel appearing for the opposite party No. 2, who has been noticed by this Court, does not have any

Patna High Court Cr.Misc. No.27556 of 2013 (3) dt.27-06-2018 2/2 objection to the restoration of this case which was dismissed way-back in the year 2007.

Perhaps, the petitioner as well as the opposite party No. 2 want an opening by way of restoration by this Court to pray for quashing of the entire complaint as the grievances have already been redressed.

It appears to this Court that only for this limited purpose, the present petition is being restored. Regard being had to the aforesaid facts, despite the petition having been dismissed eight years ago, the same is restored to its original file, so that the matter could finally be decided/disposed of.

List the restored case for admission.

(Ashutosh Kumar, J) Praveen-II/- U