Dadan Pandey vs The State Of Bihar
2021 Latest Caselaw 901 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 38119 of 2019
                               Arising out of
                  CRIMINAL MISCELLANEOUS No. 28816 of 2014
      Arising Out of PS Case No.-43 Year-2012 Thana- ROHTAS COMPLAINT CASE District-
                                             Rohtas
     ======================================================

1. Dadan Pandey, aged about 60 years.

2. Rang Nath Pandey, aged about 50 years.

Both sons of Late Pawan Kumar Pandey, both residents of Village- Bandu, PS- Nauhatta, PO- Dara Nagar, District- Rohtas, presently residing at Mohalla- Saket Nagar, Rauza Canal Road, PO + PS- Sasaram, District- Rohtas.

3. Devesh Kumar Pandey.

4. Kamlesh Kumar Pandey, Both sons of Sri Rang Nath Pandey, both residents of Village- Bandu, PS- Nauhatta, PO- Dara Nagar, District- Rohtas.

... ... Petitioner/s Versus

1. The State of Bihar

2. Brij Nandan Pandey, Son of Shiv Nath Pandey, Resident of Village- Bandu, PS- Nauhatta, PO- Dara Nagar, District- Rohtas, at present Advocate Civil Court, Sasaram Present Address- Mohalla- Fajalganj, PO + PS- Sasaram, District- Rohtas.

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

For the Petitioner/s : Mr. Rakesh Narayan Singh, Advocate For the State : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021

Heard Mr. Rakesh Narayan Singh, learned counsel for

the petitioners and Mr. Yogendra Kumar Singh, learned Additional

Public Prosecutor (APP) for the State.

Patna High Court CR. MISC. No.38119 of 2019 dt.17-02-2021

2. The present application seeks recall of order dated

02.01.2019 passed in Cr. Misc. No. 28816 of 2014, by which, due

to non-appearance, the case was dismissed.

3. Learned counsel for the petitioners submitted that due

to unfortunate circumstances, as counsel was in another Court, he

could not appear in the present matter and the case was dismissed.

4. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the

application is allowed.

5. Order dated 02.01.2019 passed in Cr. Misc. No.

28816 of 2014, is recalled and the said case stands restored to its

original file and number.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T