Single judge allowed a restoration application in Criminal Misc. No.27445/2020. The High Court found sufficient cause for restoration due to the demise of the lead counsel, which led to non-appearance on two consecutive days.
Cr. Misc. No. 27445 of 2020 restored to original file.
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.40475 of 2021
In
CRIMINAL MISCELLANEOUS No.27445 of 2020
Arising Out of PS. Case No.-638 Year-2019 Thana- KADAMKUAN District- Patna
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mohit Raj, Adv For the Opposite Party/s : Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
petitioner for consecutive two days the application was dismissed for want of prosecution on 09.02.2021.
Restoration application has been filed along with V akalatnama bearing ‘No Objection’ from one of the counsels who had earlier filed Cr. Misc. No. 27445 of 2020. It has been stated in the restoration application that in view of demise of the lead counsel who had filed Cr. Misc. No. 27445/2020, non appearance was occasioned on two instances. Such unfortunate circumstance has been raised for restoration of the case.
This Court is satisfied that the reasons make out
Patna High Court CR. MISC. No.40475 of 2021(5) dt.01-12-2021 2/2
sufficient cause for restoration of the matter.
Cr. Misc. No. 27445/2020 be restored to its original
file.
The instant restoration application is allowed.
(Madhuresh Prasad, J)
SUMIT/-
U
1 issue framed by the court
Whether the restoration application is maintainable given the death of the lead counsel?
MD. SHAHID ALI
MUKESH KUMAR SINGH
THE STATE OF BIHAR
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
