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Patna High CourtCR. MISC./81756/2019allowed

Jailal Prasad v. The State Of Bihar

2020-01-22Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81756 of 2019 In CRIMINAL MISCELLANEOUS No.42797 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- RAXAUL District- East Champaran ====================================================== Jailal Prasad Son of Late Harihar Sah Resident of Village - Ward No.13, P.S.- Raxaul, Distt.- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Hiva Lal Sah, Son of Bagar Sah Resident of Village - Bhawanipur, P.S.- Nakardeyi, At present residing at Block Road, Ward No.16, P.S.- Raxaul, Distt.- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2020 Heard Mr. Anshu Dhar Sharma, learned counsel for the petitioner.

The present application has been filed for restoration of Cr. Misc. No.42797 of 2019 which was dismissed for default due to non-compliance of the peremptory order dated 14.08.2019.

Learned counsel for the petitioner submits that due to inadvertence, the requisites for issuance of notice on Opposite Party No.2 was filed with some delay inasmuch last date for filing requisites was 28.08.2019 but it has been filed after delay of two days, i.e., on 30.08.2019. Learned counsel further

Patna High Court CR. MISC. No.81756 of 2019(2) dt.22-01-2020 2/2 submits that Opposite Party No.2 has already appeared through Vakalatnama.

After having heard learned counsel for the parties and taking into consideration the fact as mentioned in paragraph No.2 of this application, this application is allowed and the Cr. Misc. No.42797 of 2019 is restored to its original file. Office is directed to verify that if Opposite Party No.2 has already appeared by filing Vakalanama, this case may be listed under the heading for 'Admission'.

(Anil Kumar Sinha, J) sanjeev/- U T