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Patna High CourtCR. MISC./80703/2023allowed

Prabhakar Dutt Pandey v. The State Of Bihar

2023-12-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80703 of 2023 In CRIMINAL MISCELLANEOUS No.42754 of 2023 Arising Out of PS. Case No.-1291 Year-2015 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== PRABHAKAR DUTT PANDEY Son of Dinesh Chandra Pandey RESIDENT OF VILLAGE DHANOTI P S SUKHPURA DISTRICT BALLIA UTTAR PRADESH ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GEETA PANDEY W/o Prabhakar Dutt Pandey, D/o Bihari Pandey RESIDENT OF VILLAGE PANDITPUR P S BUXAR MUFFASIL DISTRICT BUXAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2023 This application has been filed for restoration of Cr. Misc. No. 42754 of 2023, which stood dismissed due to noncompliance of the peremptory order dated July 28, 2023 .

2. It is submitted by learned counsel for the petitioner that notices have been duly filed by the advocate clerk on time, but inadvertently, the advocate clerk has wrongly written the case number, i.e., in place of Cr. Misc. No. 42754 of 2023, it has been wrongly written as Cr. Misc. No. 42765 of 2023, and later it came to the knowledge that due to the aforesaid inadvertence notices have not been filed. It is further submitted that fresh

Patna High Court CR. MISC. No.80703 of 2023(2) dt.22-12-2023 2/2 notices were again filed on September 11, 2023.

3. For the reasons stated in the restoration petition, Cr. Misc. No. 42754 of 2023 is restored to its original file.

4. Since fresh notices have already been filed on September 11, 2023, as submitted by learned counsel for the petitioner, no further order for issuance of notices is required to be passed.

5. Requisites, so filed, are accepted, and the office is directed to proceed further.

(Prabhat Kumar Singh, J) Koushik/- U