Ajay Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57749 of 2018 Arising Out of PS. Case No.-1431 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Ajay Kumar Son of Tapeshwar Singh.

2.

Kanchan Mala @ Kanchan Bala @ Kanchan Mala Devi, Wife of Ajay Kumar, Both resident of Village- Gorakhari, Police Station- Bikram, District- Patna.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Vijay Narayan Singh, Son of Late Ram Swarath Singh, resident of VillageAhuara, Post Bela Tarari, P.S.- Naubatpur, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the O.P. No.2 :

Mr. Manish Kumar No.2, Advocate For the State :

Mr. Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-12-2024 No one appears on behalf of petitioners while Mr. Manish Kumar No.2 is present and he submits that on 11.12.2018 when the case was taken up it was undertaken by the petitioners' counsel to deposit all the dues amount i.e. Rs. 4,12,500/- within four months from that date but thereafter no compliance has been made and since then a period of more than four years has passed and on the basis of said undertaking the petitioners were granted the interim protection vide order dated 11.12.2018.

2. Considering the above submissions and mainly taking into account the non-appearance of the petitioners, the

Patna High Court CR. MISC. No.57749 of 2018(4) dt.12-12-2024 2/2 instant petition stands dismissed for want of prosecution and the interim protection granted to the petitioners is hereby vacated.

3. Learned trial court is directed to proceed with the Complaint Case No. 1431C of 2015 as per procedure of law.

4. The pending interlocutory application, if any, stands disposed of.

(Shailendra Singh, J) Rajiv/- U T