Kedar Nath Jha v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.5010 of 2017 (5) dt.22-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5010 of 2017 ====================================================== Kedar Nath Jha Son of Sri Ram Rajit Jha Resident of Village- Amethi, P.S.- Bahera, District- Darbhanga, at Present working as Work Supervisor under Minor Irrigation, Division, Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Er. Prabhash Chandra Jha Executive Engineer, Minor Irrigation, Division Arrah, District- Bhojpur. .... .... Opposite Parties. ====================================================== Appearance :

For the Petitioner/s : Mr. Durga Nand Jha, Adv. For the Opposite Party/s : Mr. Sri Sakir Ahmad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-11-2017 Heard learned counsel for the parties.

Cr. Misc. No.50522 of 2013 was dismissed for non-prosecution on 24.01.2017.

The present application is for setting aside the dismissal and restoration of Cr. Misc. No.50522 of 2013 to its original file.

Notice has already been served on the opposite party No.2.

After hearing the petitioner as well as the State Counsel and finding substance in the explanation for nonappearance, let the dismissal be set aside and Cr. Misc. No.50522 of 2013 aforesaid be restored subject to the cost of Rs. 500/- to be deposited in the Victim Compensation Fund.

Accordingly, this application stands allowed. (Birendra Kumar, J) Nitesh/- U T