Krishna Yadav @ Kaushal Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21529 of 2017 ====================================================== Krishna Yadav @ Kaushal Ji, son of Tulsi Yadav, Resident of VillageDewaria, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 This application has been filed for restoration of Cr. Misc. no. 5784 of 2017 to its original file which stood dismissed for default vide order dated 21.02.2017.

It has been submitted by the learned counsel for the petitioner that due to mistake he could not mark the case and consequently failed to appear when the case was called out. There is no deliberate laches on the part of the petitioner. Heard learned A.P.P. also.

From perusal of the record it appears that the case was running in the list continuously for three days due to nonappearance of the petitioner's counsel and ultimately it was dismissed for non-prosecution. However, considering the submissions made, this application is allowed and Cr. Misc. no. 5784 of 2017 is restored to its original file. Put up Cr. Misc. no. 5784 of 2017 for admission on 05.05.2017.

(Vinod Kumar Sinha, J) sudip/- U T