Prithivi Chandra Paswan vs The State Of Bihar
2021 Latest Caselaw 573 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 39044 of 2019
                               Arising out of
                  CRIMINAL MISCELLANEOUS No. 7665 of 2015
              Arising Out of PS Case No.-93 Year-2012 Thana- SC/ST District- Khagaria
     ======================================================

Prithivi Chandra Paswan, Male, aged about 60 years, Son of Late Binod Paswan, Resident of Village - Parmanandpur, PS- Muffasil, District- Khagaria.

... ... Petitioner/s Versus

1. The State of Bihar

2. Manoj Poddar, Son of Basudeo Poddar, Resident of Village - Parmanandpur, PS- Muffasil, Disrict- Khagaria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate For the State : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. Anil Kumar Choudhary, learned counsel for

the petitioner and Mr. Uday Pratap Singh, learned APP for the

State.

2. The present application has been filed for recall of the

order dated 02.05.2019 passed in Cr. Misc. No. 7665 of 2015

which was dismissed for non-appearance of learned counsel for

the petitioner.

3. Learned counsel for the petitioner submitted that on

02.05.2019, as he has gone to hospital for treatment of his

fractured hand. It was submitted that he has asked his colleague to Patna High Court CR. MISC. No.39044 of 2019 dt.02-02-2021

appear in the matter but unfortunately, he could not appear leading

to dismissal of the case.

4. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds that sufficient cause has been shown for non-appearance of

learned counsel for the petitioner on 02.05.2019, leading to

dismissal of Cr. Misc. No. 7665 of 2015.

5. In view thereof, the application is allowed. The order

dated 02.05.2019 passed in Cr. Misc. No. 7665 of 2015 is recalled

and the case stands restored to its original file and number.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T