Jitendra Singh @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81679 of 2019 In CRIMINAL MISCELLANEOUS No.35588 of 2019 Arising Out of PS. Case No.-321 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Jitendra Singh @ Jitendra Kumar Son of Late Gaya Singh Resident of Village - Kajur, P.s.- Atri, Distt.- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and learned counsel for the state.

This application has been filed by the petitioner for restoration of Cr.Misc. No. 35588 of 2019 which was dismissed for want of prosecution vide order dated 16.11.2019. It is stated by the learned counsel for the petitioner that since the counsel for the petitioner was out of Patna in connection with treatment of his mother, he could not attend the case when it was called out on 16.11.2019 as a result of which the case was dismissed for want of prosecution. It is contended that there was no deliberate or willful laches on the part of the petitioner.

Patna High Court CR. MISC. No.81679 of 2019(2) dt.22-01-2020 2/2 In view of the submissions made at the Bar, the prayer is allowed. Cr.Misc. No. 35588 of 2019 is directed to be restored to its original file.

(Ashwani Kumar Singh, J) Pradeep/- U T