Bharduli Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1493 of 2017 In Cr. WJC 956 of 2015 ====================================================== Bharduli Rai .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Utsav Kumar For the Respondent/s : Mr. Prabhat Kumar Verma - Aag 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-09-2017 Cr. WJC No. 956 of 2015 was dismissed for nonprosecution, as no one had appeared on behalf of the petitioner on 15.05.2017.

For setting aside the order of dismissal and restoration of Cr.WJC aforesaid, the present MJC application has been filed. Reason for non-appearance of the learned counsel for the petitioner is stated in para 7 of the petition that due to inadvertence the case could not be marked in the daily cause list. Hence, no one appeared.

The delay is explained. Hence, the dismissal is set aside with condition that the petitioner shall pay cost of Rs. 1000/- in the victim compensation fund.

With this observation, the restoration petition is allowed. (Birendra Kumar, J.) Rakhi U