Patna High CourtCR. MISC./43206/2018allowed

Anand Mohan Shukla And ORS v. State Of Bihar And ANR

2018-09-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43206 of 2018 ======================================================

1. Anand Mohan Shukla, son of late Radha Mohan Shukla

2. Pratik Shukla

3. Piyush Mohan Shukla

4. Sidhartha Shukla Petitioner no. 2 to 4 are sons of Anad Mohan Shukla All resident of Purani Bazar, Shukla Road, P.S. Town, Distt. Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Aditya Mohan Shukla, son of sri Prem Mohan Shukla, resident of Mohalla- Purani Bazar, Shukla Road, P.S. Town, Distt. Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Verma, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for restoration of Cr. Misc. No. 50969 of 2016 which was dismissed for noncompliance of the order dated 18.06.2018 in time. It is contended by the learned counsel for the petitioners that vide order dated 18.06.2018 a week's time was allowed to the petitioners to take steps for fresh service of notice upon opposite party no.2 both by registered covered with A/D as well as ordinary process with present and correct address. Though,

Patna High Court Cr.Misc. No.43206 of 2018 (2) dt.26-09-2018 2/2 it was conveyed to the advocate clerk to comply the court's order within peremptory time, he fell ill and the notices were filed few days after expiry of the peremptory time granted by the court vide order dated 18.06.2018.

Regard being had to the submissions made above, the prayer is allowed.

Cr. Misc. No. 50969 of 2016 is directed to be restored to its original file.

(Ashwani Kumar Singh, J) Md.S./-Sanjeev U T