The Patna High Court set aside the dismissal of Criminal Miscellaneous Application No. 50812 of 2013 and ordered its restoration to the file, allowing the petitioners to mark their case.
Set aside dismissal and restore Cr. Misc. No. 50812 of 2013 to its original file and number.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10336 of 2017
All of Village Amaljhari, Police Station - Panthamari, District Kishanganj.
Patna High Court Cr.Misc. No.10336 of 2017 (2) dt.22-03-2017
2
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Firoz Ahmad For the Opposite Party/s : Mr. Ram Naresh Ray (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 2 22-03-2017 Cr. Misc. No. 50812 of 2013 was dismissed for nonprosecution. On 25.01.2017 no one had appeared on behalf of the petitioners. Prayer is for setting aside the dismissal and for restoration of the aforesaid Cr. Misc. No. 50812 of 2013 on the ground that learned counsel for the petitioners could not mark the case in the daily cause list.
In the facts and circumstances, the dismissal is set aside and this application is allowed.
Let Cr. Misc. No. 50812 of 2013 be restored to its original file and number.
Arvind/-
(Birendra Kumar, J)
U
1 issue framed by the court
Whether criminal miscellaneous application Cr. Misc. No. 50812 of 2013 can be restored after being dismissed for non-prosecution due to absence of counsel.
Md. Zahid and others
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
