Paspati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52264 of 2019 In CRIMINAL APPEAL (DB) No.24 of 2019 Arising Out of PS. Case No.-64 Year-2009 Thana- MOTIPUR District- Muzaffarpur ====================================================== Paspati Devi, aged about 75 years, Female, Wife of Late Bhulan Sahni, Resident of Village- Barji, P.S.- Motipur, District- Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar and Others ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 29-08-2019 Heard.
This petition has been filed on behalf of the petitioner for restoration of Cr. App(DB). No. 24 of 2019 which stood dismissed on 01.07.2019.
Learned counsel appearing for the petitioner submits that the above stated Cr. App(DB). No. 24 of 2019 was filed by the petitioner who has a good case against the judgment of acquittal but this court without giving opportunity of hearing to her passed order dated 01.07.2019. However, the perusal of order dated 01.07.2019 passed in Cr. App(DB). No. 24 of 2019
Patna High Court CR. MISC. No.52264 of 2019(2) dt.29-08-2019 2/2 goes to show that the aforesaid order was passed on merit when the learned counsel of the petitioner failed to appear before this court at the time of hearing and, therefore, the aforesaid fact goes to show that the order dated 01.07.2019 passed in Cr. App(DB). No. 24 of 2019 has been decided on merit and in our view, for setting aside the order dated 01.07.2019, filling of restoration petition is not appropriate remedy and, accordingly, this petition stands dismissed.
However, the petitioner may take step for challenging the order dated 01.07.2019 passed in Cr. App(DB). No. 24 of 2019 in accordance with law.
(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) Rajeev Kumar/- U T