Petition for restoration of a criminal miscellaneous case dismissed for default. The court held that the failure to attend was due to unavoidable reasons and not willful or negligent. The petition was allowed, and the case was restored to its original number.
Restoration of Cr. Misc. Case No. 44832 of 2016 to its original number.
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.44118 of 2024
In
CRIMINAL MISCELLANEOUS No.44832 of 2016
Arising Out of PS. Case No.-15 Year-2011 Thana- HARNAUT District- Nalanda
======================================================
Surendra Prasad Son of Shri Lalkeshwar Ram Resident of New Etwarpur, P.S. - Parsa Bazar, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Damodar Prasad Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
The present case has been filed for restoration of Cr. Misc. Case No. 44832 of 2016 which was dismissed for default vide order dated 05.01.2024. However, Ld. counsel for the Petitioner submits that the failure of the petitioner to attend the matter on the relevant date was neither willful nor negligent, but on account of unavoidable reasons.
counsel for the Petitioner, the present petition is allowed, restoring Cr. Misc. No. No. 44832 of 2016 to its original number.
(Jitendra Kumar, J.)
Chandan/ Ravishankar- U T
Surendra Prasad
The State of Bihar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
