Ramjeevan Yadav @ Rajmeevan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24259 of 2016 In Criminal Miscellaneous No.38190 of 2013 ====================================================== Ramjeevan Yadav @ Rajmeevan Kumar son of Kameshwar Yadav, resident of village- Maharaj Bigha, Police Station- Khizar Sarai and District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjeet Devi Daughter of Ratan Yadav, Resident of village- Panchu Bigha, Police Station- Chandauti and District- Gaya .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Opposite Party No.1 : Mr. Jitendra Kr. Singh No.1(APP) For the Opposite Party No.2 : Mr. Sunil Kumar Yadav, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-08-2016 Heard the parties.

The present criminal miscellaneous application has been filed for restoration of Cr. Misc. No. 38190 of 2013, which stood dismissed on account of delayed compliance of the order dated 24.12.2013.

The learned counsel appearing on behalf of the petitioner submits that in compliance of the order dated 24.12.2013 passed in aforesaid Cr. Misc. No. 38190 of 2013, the petitioner was required to file requisites on or before 7.1.2014, but on account of certain confusion, requisites could be filed on 9.1.2014 i.e. after delay of two days, as a result of which, the aforesaid Cr. Misc. No. 38190 of 2013 stood dismissed. After having heard the learned counsel appearing on behalf of the parties including the learned counsel appearing on behalf of the complainant/ opposite party no.2, the prayer for

Patna High Court Cr.Misc. No.24259 of 2016 (3) dt.17-08-2016 2/2 restoration is allowed. Cr. Misc. No. 38190 of 2013 is directed to be restored to its original file.

It is clarified that Cr. Misc. No. 38190 of 2013 shall be listed before an appropriate Bench, as per roster, after obtaining necessary permission from Hon'ble the Chief Justice and that case shall no longer be treated to be part heard or tied up matter to this Bench.

The learned counsel appearing on behalf of the opposite party no.2 herein shall be permitted to appear in the main application also on behalf of the opposite party no.2, and hence no notice is required to be issued to the opposite party no.2 in the main application.

With the aforesaid observations and directions, the present criminal miscellaneous application is finally disposed of. (Birendra Prasad Verma, J) BTiwary/- U T