Radha Krishna Chaubey v. The State Of Bihar And ORS

Patna High Court Cr.Misc. No.30809 of 2013 (4) dt.16-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30809 of 2013 ======================================================

1. Radha Krishna Chaubey Son Of Late Chandradip Choubey Resident Of Village - Vaina, P.S.- Nawanagar, District - Buxar .... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Vinod Tiwary Son Of Ram Kripal Tiwary, Resident Of Village - Surauridha, P.S.- Duraon, District - Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Om Prakash Upadhyay, Advocate For the Opposite Party/s : Mr. Nityanand (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner as well as learned APP.

Petitioner, just to exonerate himself from the legal obligation to follow up the revision which he had filed against an order of acquittal blamed learned counsel having been engaged at his end that on account of his slackness Cr. Revision No. 1443/2007 was dismissed on 22.10.2008 on account of non prosecution.

Though the aforesaid Cr. Revision No. 1443/2007 is directed to be restored to its original file but, perceiving the conduct of the petitioner who had filed the instant petition for restoration after lapse of five years, is directed to pay Rs. 2500/- as cost which should be deposited to Patna High Court Legal Services Committee within a fortnight and will file receipt thereof, failing which the Cr. Revision will stand as dismissed.

With the aforesaid condition, Cr. Misc. No. 30809/2013 is allowed.

(Aditya Kumar Trivedi, J) perwez U T