This is an oral order dismissing a petition seeking restoration of a previously dismissed criminal miscellaneous petition. The court rejected the plea due to inordinate delay.
Petition for restoration dismissed.
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.30334 of 2023
In
CRIMINAL MISCELLANEOUS No.28737 of 2021
Arising Out of PS. Case No.-1126 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai
======================================================
Sunil Ram Son Of Siyaram Ram R/O Vill.- Bachhauta, P.S.- Morkahi, Dist.Khagaria
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 10-05-2023
restoration of Cr. Misc. No. 28737 of 2021 which was
dismissed for non-prosecution vide order dated
17.05.2022.
It is submitted by learned counsel for the
petitioner that unfortunately due to viral fever on such
very date, he could not appear before this Court when the case was called out. Hence, for non-appearance on behalf of the petitioner, the case stood dismissed for
non-prosecution.
Patna High Court CR. MISC. No.30334 of 2023(2) dt.10-05-2023 2/2
Considering the fact that petition was dismissed
on 17.05.2022 but the present restoration petition has
been filed on 11.01.2023, this Court is not inclined to
restore Cr. Misc. No. 28737 of 2021 which stood dismissed for non-prosecution vide order dated 17.05.2022.
Accordingly, the petition stands dismissed.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petition for restoration of a previous criminal miscellaneous petition dismissed for non-procution filed after a significant delay should be allowed.
Sunil Ram Son Of Siyaram Ram
The State Of Bihar
Chandani Devi D/O Asarfi Ram
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
