Ajay Rajak @ Ajay Kumar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2180 of 2025 In CRIMINAL MISCELLANEOUS No.24856 of 2017 Arising Out of PS. Case No.-337 Year-2015 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ajay Rajak @ Ajay Kumar Bharti, S/o Sri Bishundeo Rajak, Resident of Village-Bishnupur Asthal, West of Naulaka Mandir, Ward No.-40, P.S.- Town, District- Begusarai.
... ... Petitioner
Versus
1.
The State of Bihar 2.
Manoj Kumar, S/o Late Indradeo Prasad, Resident of Village- Bishnupur, Parot, P.S.- Town, District- Begusarai.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-01-2025 The present application has been filed for restoration of Cr. Misc. No.24856 of 2017, which stood dismissed for want of prosecution on 26.06.2024.
2. It is submitted that non-appearance of petitioner was neither deliberate nor intentional rather due to certain compelling circumstances, which was beyond his reach.
3. In view of aforesaid and further by taking note of the reasons as stated in the petition, the present restoration petition stands allowed.
4. The aforesaid Cr. Misc. No.24856 of 2017 be
Patna High Court CR. MISC. No.2180 of 2025(2) dt.18-01-2025 2/2 restored to its original file and number.
5. At this stage, it is pointed out that the proceeding of impugned order dated 02.01.2017 as passed by the learned Chief Judicial Magistrate, Begusarai arising out of Begusarai P.S. Case No.337 of 2015 was stayed vide order dated 04.10.2023 as passed in aforesaid Cr. Misc. No.24856 of 2017.
6. Considering the aforesaid, upon restoration, the further proceedings in this matter shall remain stayed also in terms of order dated 04.10.2023 as aforesaid.
7. Upon restoration, list this matter on 06.02.2025 before appropriate Bench.
(Chandra Shekhar Jha, J.) Sanjeet/- U T