Dharmendra Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8768 of 2016 ======================================================

1. Dharmendra Kumar Son of Late Rajendra Chaudhary Resident of New Colony, P.S. Khusrupur, District - Patna.

2. Vijendra Chaudhary, Son of Chandra Shekhar Chaudhary

3. Rukmini Devi, Wife of Vijendra Chaudhary, Both are resident of Village - Henija P.S. Khusrupur District Patna.

4. Mithilesh Hajam, son of Late Bisheshwar Thakur Resident of Hemja, P.S. Khusrupur, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Guria Devi, D/o Dharm Raj Chaudhary, R/o Mohalla- Mahalpar, P.S.- Biharshariff, District- Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Ranjan Sinha For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

By the present application preferred under Section 482 of the Code of Criminal Procedure, the petitioners seek restoration of Cr.Misc. No. 227 of 2015, which was dismissed for want of prosecution on 09.02.2016.

It is contended by the learned counsel for the petitioners that on 09.02.2016 he had fallen ill and had requested one of his colleagues to seek adjournment. However, for some reason or another, his colleague also failed to attend the Court as a result of which the application got dismissed. It is further

Patna High Court Cr.Misc. No.8768 of 2016 (2) dt.06-04-2016 2/2 contended that in case the application is not restored, the petitioner will suffer irreparable injury.

Regard being had to the submissions made at the Bar, the application is allowed. Let Cr.Misc. No. 227 of 2015 be restored to its original file.

Put up Cr.Misc. No. 227 of 2015 under the heading "For Admission" as a first case tomorrow at 10.30 a.m. (Ashwani Kumar Singh, J) Pradeep/- U