This is an oral order restoring a criminal miscellaneous application dismissed for non-prosecution on grounds of the petitioner's bonafide absence. The prayer to restore the matter to its original file was allowed.
Cr. Misc. No. 34876 of 2022 allowed and restored to its 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.6084 of 2023
In
CRIMINAL MISCELLANEOUS No.34876 of 2022
Arising Out of PS. Case No.-109 Year-2021 Thana- BEERPUR District- Begusarai
======================================================
KUNDAN KUMAR SINGH S/O KRISHNANDAN SINGH Resident of village- Barahpur, Ward No.- 01, P.S.- Mokama, District- Patna.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar For the Opposite Party/s : Mr.Surendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 01-02-2023
This application has been filed for restoration of Cr. Misc. No. 34876 of 2022, which stood dismissed for nonprosecution on 08.12.2022.
It is submitted by learned counsel for the petitioner that due to his engagement in another Court in another case, he could not appear before this Court when the case was called out and the same was dismissed for want of prosecution. He submitted that his absence on the date was bonafide and for the ends of justice the case be restored.
Learned counsel for the State does not oppose the prayer made on behalf of the petitioners.
Having heard learned counsel for the parties, this application is allowed. Cr.Misc. No. 34876 of 2022 is restored
Patna High Court CR. MISC. No.6084 of 2023(2) dt.01-02-2023 2/2
to its original file.
(Sunil Kumar Panwar, J)
sushma/-
U
1 issue framed by the court
Whether the criminal miscellaneous application stood dismissed for non-prosecution should be restored due to the petitioner's bonafide absence?
Kundan Kumar Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
