Kundan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 9176 of 2018 In Criminal Miscellaneous No. 13589 of 2011 ====================================================== Kundan Singh S/o Late Ambika Kant Singh, R/o Village- Dakhingaon, P.S.- Wazirganj, District- Gaya.

... ... Petitioner

Versus

1. The State of Bihar.

2. Smt. Pinku Devi W/o Late Kundan Singh, D/o Shri Ram Nandan Singh, R/o Village- Mahila, P.S.- Giriyak, District- Nawada. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar For the Opposite Party/s :

Mr. Harendra Prasad Mr. Amresh Kr. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

25-04-2018 Heard Shri Shailendra Kumar, learned counsel for the petitioner, learned Additional Public Prosecutor, as well as Shri Amresh Kumar Sinha, learned counsel, who has appeared on behalf of opposite party no.2.

The present petition has been filed, with a prayer to restore Cr. Misc. No. 13589 of 2011, which stood dismissed due to non-compliance of peremptory order, which was passed in the month of September, 2012. By order dated 10-09-2012, one week peremptory time was granted for taking fresh steps for service of notice on opposite party no. 2. Despite the fact that Cr.Misc. No. 13589 of 2011 stood dismissed in the month of September, 2012 itself due to non-compliance of peremptory

Patna High Court Cr.Misc. No.9176 of 2018(3) dt.25-04-2018 2/2 order, the petitioner in leisurely manner, has filed the present petition in the month of February, 2018 for restoring the same. Of course, some plea has been taken in the petition, but same is not sufficient to persuade the Court to accept the same.

The restoration petition stands dismissed.

(Rakesh Kumar, J.) anay U T