← Library
Patna High CourtCR. MISC./86784/2019allowed

Rajesh Kumar @ Rajesh Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86784 of 2019 In CRIMINAL MISCELLANEOUS No.55983 of 2019 Arising Out of PS. Case No.-283 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== RAJESH KUMAR @ RAJESH YADAV Son of Munshi Yadav Resident of Village - Chhoti Tengraila, P.S. Naubatpur, Dist.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Reena Devi Daughter of Late Shivpujan Chouhan R/o Village - Sarari, P.S. Naubatpur, Dist.- Patna.

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

For the Petitioner/s :

Mr.Rudra Deo, Adv.

For the Opposite Party/s :

Mr.Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2020 Heard learned counsel appearing on behalf of the petitioner.

The present application has been filed for restoration of Cr. Misc. No.55983 of 2019 which has got dismissed for default due to non-compliance of the peremptory order dated 22.10.2019.

The petitioner was required to take fresh steps for issuance of notice upon O.P. No.2 by fresh requisites on or before 5th November, 2019, but it appears that within time requisites were not filed by the petitioner. However, learned counsel for the petitioner submits that requisites for issuance of notice has been filed after 05.11.2019 which may be extended.

Patna High Court CR. MISC. No.86784 of 2019(2) dt.22-01-2020 2/2 Having heard learned counsel for the petitioner, taking into consideration the statement made in the restoration application, I am inclined to restore Cr. Misc. No.55983 of 2019 to its original file. Consequently Cr. Misc. No.55983 of 2019 is restored to its original file.

Accordingly, Criminal Miscellaneous No.86784 of 2019 is allowed.

The office is directed to take fresh steps for issuance of notice on O.P. No.2 in accordance with law. (Anil Kumar Sinha, J) Prakash Narayan /- U T