Gopi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50557 of 2019 Arising out of CRIMINAL REVISION No.27 of 2018 Arising Out of PS. Case No.-79 Year-2002 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Gopi Yadav, Male, age 55 years, son of late Makru Yadav, 2.

Fantus Yadav, Male aged 23 years, son of Gopi Yadav, Both resident of village- Choudhrydih, P.S.- Lodipur, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the APP :

Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-01-2021 Heard Mr. Rajeev Ranjan, learned counsel for the petitioners and Ms. Renuka Ratnakar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The present application has been filed seeking recall of order dated 01.07.2019 by which Criminal Revision No. 27 of 2018 was dismissed as it was not pressed.

3. Learned counsel for the petitioners submitted that because he was in personal difficulty, he had requested his colleague to assist the court, but inadvertently, he did not have the file due to which he was unable to assist the Court leading to dismissal of the case.

Patna High Court CR. MISC. No.50557 of 2019 dt.30-01-2021 2/2

4. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that there was no willful or deliberate laches on the part of learned counsel for the petitioners.

5. Accordingly, the order dated 01.07.2019 in Criminal Revision No. 27 of 2018 is hereby recalled. The said case stands restored to its original file and number.

6. The application stands allowed.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T