Ravi Shankar Pati Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86656 of 2024 In CRIMINAL MISCELLANEOUS No.36683 of 2016 Arising Out of PS. Case No.-97 Year-2007 Thana- DURAULI District- Siwan ====================================================== Ravi Shankar Pati Dubey S/o Nawal Kishore Pati Dubey Resident of VillageDone, PS- Darauli, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Mohan Singh, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-12-2024 This is an application seeking restoration of Cr. Misc. No. 36683 of 2016 which stood dismissed for want of prosecution, vide order dated 29.11.2024 passed by this Court.

2. Mr. Rakesh Mohan Singh, learned counsel appearing for the petitioner submits that in Cr. Misc. No. 36683 of 2016, on 19.11.2024, this Court has granted time to petitioner's counsel to file supplementary affidavit in one week and the petitioner's counsel filed the supplementary affidavit within stipulated time period and when the case was listed on 29.11.2024, he could not get any message as in the Vakalatnama of the said case, the names of junior counsel were appearing who were not in touch with him at that time, hence, he could not appear on that date and there is no latches on the part of the

Patna High Court CR. MISC. No.86656 of 2024(2) dt.13-12-2024 2/2 petitioner.

3. There is no opposition to this application. 4.

Having regard to the submissions noted hereinabove, this Court allows this application and Cr. Misc. No. 36683 of 2016 is restored to its original file.

5. The instant criminal miscellaneous petition stands disposed of.

(Shailendra Singh, J) annu/- U T