Patna High CourtCR. MISC./31845/2018disposed

Ganeshi Mahto v. State Of Bihar And ANR

2018-07-11Mr. Justice Rajendra Kumar Mishra1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31845 of 2018 ======================================================

1. Ganeshi Mahto, Son of Ram Ashish Mahto @ Ramashish Mahto, Resident of Village- Gaddopur, Police Station- Bangra, DistrictSamastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vibha Devi, Ex Wife of Ganeshi Mahto, Resident of village- Gaddopur, Police Station- Bangra, District- Samastipur at present Wife of Suresh Chaudhary. Son of Biju Chaudhary, Resident of Mithanpura, Police StationMushahari, District- Muzaffarpur. Daughter of Ramshray Mahto, Resident of Village- Mukhtyarpur, Police Station Dalsingsarai, District- Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Choudhary Shyam Nandan For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-07-2018 This application has been filed for restoration of Cr.Misc. No.18969 of 2017 filed under Section 438 of Cr.P.C. which stood dismissed for non-compliance of the peremptory order dated 17.11.2017 for taking steps for service of notice upon O.P.No.2 under both processes on the correct and present address, as the same was returned undelivered due to incomplete address of O.P.No.2.

In view of the grounds taken in the present application, the Cr.Misc. No.18969 of 2017 is restored to its original file subject to compliance of the order dated 12.10.2017 passed in Cr.Misc. No.18969 of 2017 within four weeks from today. (Rajendra Kumar Mishra, J) AnilKrSinha/- U