Single judge allowed an application to set aside the dismissal of Cr. Misc. No. 692 of 2020 and restore it to file, accepting the counsel's illness due to dengue as sufficient ground for substantial justice.
The dismissal of Cr. Misc. No. 692 of 2020 was set aside and the application was restored to file. Defender allowed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37624 of 2020
In
CRIMINAL MISCELLANEOUS No.692 of 2020
Arising Out of PS. Case No.-3 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna
====================================================== Gopal Rai Son of Maharaj Rai, Resident of Village - Kala Diara, P.S.Bakkhityarpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
prosecution on 31.01.2020 for the reason that no one was appearing on behalf of the petitioner since last three dates.
The present application is for setting aside the dismissal and restoration of the aforesaid criminal miscellaneous application. The reason for non-appearance is stated as the learned counsel for the petitioner was suffering from Dengue. Hence, he was not available in the Court.
Considering nature of explanation, for substantial justice, the dismissal is hereby set aside and Cr. Misc. No.692 of
Patna High Court CR. MISC. No.37624 of 2020(2) dt.20-01-2021 2/2
2020 stands restored to its its original file.
Accordingly, the application stands allowed.
(Birendra Kumar, J)
Mkr./-
U T
2 issues framed by the court
Whether to set aside the dismissal of Cr. Misc. No. 692 of 2020 and restore it to file due to the petitioner's counsel's illness.
Whether the explanation of dengue fever warrants allowing fresh time to proceed with the application.
Gopal Rai Son of Maharaj Rai
The State Of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
