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Patna High CourtCR. MISC./79407/2019disposed

Manoj Kumar Chandel v. The State Of Bihar

2020-07-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79407 of 2019 In CRIMINAL MISCELLANEOUS No.22754 of 2015 Arising Out of PS. Case No.-100 Year-2008 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

MANOJ KUMAR CHANDEL Son of Krishna Nand Singh Resident of Road No. 23, Plot No. 176, Krishna Nagar, P.S.- Budha Colony, District - Patna.

2.

Vashisth Kumar Singh Son of Krishna Nand Singh Resident of Road No. 23, Plot No. 176, Krishna Nagar, P.S.- Budha Colony, District - Patna. 3.

Suraj Kumar Son of Krishna Nand Singh Resident of Road No. 23, Plot No. 176, Krishna Nagar, P.S.- Budha Colony, District - Patna. 4.

Renu Singh Wife of Sri Krishna Nand Singh Resident of Road No. 23, Plot No. 176, Krishna Nagar, P.S.- Budha Colony, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nipendra Kumar Son of Sri Achutanand Singh Resident of Village - Injora, P.S.- Mehandia, District - Araria at present C/o Ragho Prasad Singh, Road No. 1D, Rajendra Nagar, P.S.- Kadam Kuan, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmi Kant Sharma, Advocate.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-07-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

This application is for setting aside the dismissal and restoration of Cr. Misc. No. 22754 of 2015, an application under Section 482 Cr.P.C.

The aforesaid criminal miscellaneous was dismissed

Patna High Court CR. MISC. No.79407 of 2019(2) dt.03-07-2020 2/2 as no one had appeared for the petitioner. No notice was sent to opposite party no.2 in the aforesaid criminal miscellaneous at the time of dismissal. Reason for non-appearance is explained in the petition.

Hence for substantial justice, dismissal aforesaid is set aside and the Cr. Misc. No. 22754 of 2015 is directed to be restored to its original file.

Accordingly, this application stands disposed. (Birendra Kumar, J) mantreshwar/- U T