Sani Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64423 of 2024 In CRIMINAL MISCELLANEOUS No.48054 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Sani paswan Son of Pawan Paswan Resident of Village - Narayanpur, Ward No. -09, P.S. - Patahi , District - East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vakil Baitha Son of Vilash Baitha Resident of Village - Tajpur, Ward No.08, P.S. - Sheohar, District - Sheohar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devendra Kumar, Advocate For the Opposite Party/s :
Mr.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The present application has been filed for restoration of Cr. Misc. No. 48054 of 2024 to its original file.
3. Learned counsel for the petitioner submits that vide order dated 24.07.2024 notices were issued to opposite party no. 2 directing the petitioner to file requisites within a period of two weeks. Learned counsel further submits that petitioner has filed notice within the stipulated period of two weeks but due to technical error the case has been dismissed on 07.08.2024 for non-compliance of the said order. Learned counsel further
Patna High Court CR. MISC. No.64423 of 2024(2) dt.06-09-2024 2/2 submits that petitioner has not deliberately delayed in filing the requisites for notice. Learned counsel, therefore, prays that the present restoration application may be allowed.
4. Learned APP for the State raised no objection to the prayer made on behalf of the petitioner.
5. Considering the statements made in the application and the submissions made in support thereof, the present restoration application is allowed and Cr. Misc. No. 48054 of 2024 is restored to its original file.
(Rudra Prakash Mishra, J) Alok Verma/- U T