Hon'ble Mr. Justice Shailendra Singh allowed a petition filed for the restoration of Criminal Misc. No.5725 of 2022, which had been dismissed due to non-prosecution when counsel was suffering from fever.
Recalled the order dated 22.06.2022 and restored Cr. Misc. No. 5725 of 2022 to its original position.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66961 of 2022
In
CRIMINAL MISCELLANEOUS No.5725 of 2022
Arising Out of PS. Case No.-261 Year-2021 Thana- KOILWAR District- Bhojpur
======================================================
Chhotu @ Shamshad Alam
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arbind Kumar Singh, Advocate For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 07-12-2022 Heard learned counsels for the parties.
The instant petition has been filed for restoration of Cr. Misc. No. 5725 of 2022 which was dismissed due to non prosecution. It is submitted by learned counsel Mr.Arbind Kumar Singh, appearing for the petitioner that on 22.06.2022 when the petitioner’s case was dismissed, petitioner’s counsel could not appear in the court on account of suffering from fever and there was no intentional default or negligence on the part of the petitioner’s counsel in attending the petitioner’s case Cr. Misc. No. 5725 of 2022.
Learned APP Mr.Nirmal Kumar Sinha, has opposed the petitioner’s prayer.
Having considered the above submissions as well as
Patna High Court CR. MISC. No.66961 of 2022(2) dt.07-12-2022 2/2
other facts mentioned in the petition, in the opinion of this Court the petitioner deserves to the relief as sought for. Accordingly, the instant petition stands allowed and the order dated 22.06.2022 is hereby recalled and the Cr. Misc. No. 5725 of 2022 is directed to be restored to its original position in original file.
(Shailendra Singh, J.)
maynaz/-
U T
1 issue framed by the court
Whether the order dismissing the prior cr. misc. petition on account of non-prosecution on the ground of counsel's illness should be recalled and the cr. misc. restored?
Chhotu @ Shamshad Alam
The State Of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
