Girja Kumar @ Girja Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36156 of 2016 ====================================================== Girja Kumar @ Girja Prasad son of Late Ram Naresh Prasad, Resident of Mohalla- Lipgunj Chatti, P.S.- Sherghati, District-Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Binay Kumar son of Shri Mahendra Mahto, resident of Mohalla- Narayan Colony, P.S.- Sherghati, District- Gaya .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-08-2016 The present application under Section 482 of the Code of Criminal Procedure has been filed for restoration of Cr.Misc. No. 33569 of 2015 which stood dismissed for non-compliance of order dated 27.6.2016.

It is submitted by the learned counsel for the petitioner that due to oversight and mistake in properly appreciating the order of this Court, wrong noting was made in the file as a result of which the peremptory order passed by this Court could not be complied with.

Having heard learned counsel for the petitioner and on the facts and in the circumstances of the case, the application is allowed.

Patna High Court Cr.Misc. No.36156 of 2016 (2) dt.24-08-2016 2/2 Let Cr. Misc. No.33569 of 2015 be restored to its original file.

As prayed for, one week's time is allowed to take steps for fresh service of notice upon opposite party no.2 both by registered cover with A/D as well as ordinary process with present and correct address failing which the application as against him shall stand rejected without further reference to a Bench. (Ashwani Kumar Singh, J) Md.S./- U T