Raj Kishore Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.2944 of 2017 (2) dt.08-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 2944 of 2017 ====================================================== Raj Kishore Pandey, S/o - Late Chandeshwar Pandey, resident of Village - Rampur Situahi, P.S. - Sahebganj, District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nafisuzzoha, Advocate For the Opposite Party : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-03-2017 Cr. Misc. No. 43701 of 2016 was dismissed for nonprosecution. On 16.01.2017 no one had appeared on behalf of the petitioner.

Prayer is for setting aside the dismissal and for restoration of the aforesaid Criminal Miscellaneous No. 43701 of 2016 on the ground that learned counsel for the petitioner was not expecting that the matter would be taken up so early as it was running at Serial No. 33 of the list.

In the facts and circumstances, the dismissal is set aside and this application is allowed.

Let Cr. Misc. No. 43701 of 2016 be restored to its original file and number.

Kundan (Birendra Kumar, J) U T