Single judge order allowing an application for restoration of a criminal miscellaneous case dismissed for non-prosecution due to lack of information from counsel.
Cr. Misc. no. 27570 of 2014 restored to its original number.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.43290 of 2017 (2) dt.06-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43290 of 2017
| ================== Dinesh Thakur |
==== |
==================== .... Versus |
============ .... Petitioner/s |
|---|---|---|---|
| State of Bihar & Anr | .... .... |
Opposite Party/s | |
| ================== | ==== | ==================== | ============ |
| Appearance : | |||
For the Petitioner/s |
: |
Mr. Madan Mohan Mrs. Pallavi Pandey |
|
For the Opposite Party/s |
: |
Mr. Sri Anil Kumar |
|
| ================== | ==== | ==================== | ============ |
CORAM: HONOURAB JAISWAL |
LE |
MR. JUSTICE PRAKASH |
CHANDRA |
| ORAL ORDER |
2 06-09-2017 This application has been filed by the petitioner for restoration of Cr. Misc. no. 27570 of 2014 which was dismissed for non-prosecution on 28.06.2017 on the ground that after taking step for issuance of notices upon the opposite parties, he was awaiting for a final order and his learned counsel had assured that the same would be communicated to him after passing it, but no information has been given by him. Later on, he learnt from his friend that the case was dismissed for non-prosecution on 28.06.2017. Then, he rushed to the Court and after obtaining the certified copy of the said order on 21.08.2017, filed this application. There has been no latches on the part of the petitioner in prosecuting the said case.
In the facts and circumstances of the case, I find sufficient reasons for restoration of the aforesaid Cr. Misc.
Patna High Court Cr.Misc. No.43290 of 2017 (2) dt.06-09-2017
Accordingly, this application is allowed and the Cr. Misc. no. 27570 of 2014 is restored to its original number.
(Prakash Chandra Jaiswal, J)
rohit/-
U
Dinesh Thakur
State of Bihar & Anr
Prakash Chandra Jaiswal
As recorded by the court registry
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