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Patna High CourtCR. MISC./5903/2015allowed

Ekramul Haque @ Md. Ekramul Haque And ORS. v. State Of Bihar And ANR

2015-04-22Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 5903 of 2015 ====================================================== Ekramul Haque @ Md. Ekramul Haque & Ors.

.... .... Petitioners

Versus

The State of Bihar & Anr .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Anil Kr. Singh No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

22-04-2015 Heard Mr. Syed Asgher Najmi, learned counsel for petitioners and Sri Anil Kumar Singh-I, learned Addl. Public Prosecutor.

The present petition has been filed with a prayer to restore Cr. Misc. No. 7612 of 2010, which stood dismissed due to non-compliance of peremptory order dated 06-11-2012, whereby it was indicated that if by 17th December, 2012 affidavit showing settlement of dispute in between the parties is not filed, the petition shall stand dismissed without further reference to a bench. Learned counsel for petitioners submits that due to unavoidable circumstances, affidavit was earlier not filed within time, however; subsequently such affidavit has been filed on 02-04-2015 in Cr. Misc. No. 7612 of 2010.

I have perused the supplementary affidavit.

In view of the facts & circumstances, the restoration

Patna High Court Cr.Misc. No.5903 of 2015 (3) dt.22-04-2015 2/2 petition stands allowed.

Let Cr. Misc. No. 7612 of 2010 be restored to its original file.

(Rakesh Kumar, J.) Anay/- U