Laljee Pandey vs The State Of Bihar
2021 Latest Caselaw 911 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.9696 of 2020
                               Arising out of
                      CRIMINAL REVISION No.211 of 2018
           Arising Out of PS. Case No.-131 Year-2014 Thana- CHENARI District- Rohtas
     ======================================================

Laljee Pandey, male, aged about 61 years, S/o Late Kapildeo Pandey, Resident of Village- Khurmabad, P.S.- Chenari, Distt- Rohtas.

... ... Petitioner/s Versus

1. The State of Bihar

2. Shiv Prasad Kahar S/o Hardeo Kahar

3. Ganesh Kahar S/o Shiv Prasad Kahar, both Resident of Village- Khurmabad, P.S.- Chenari, Distt- Rohtas.

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the State : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021

Heard Mr. Dhaneshwar Prasad Gupta, learned counsel

for the petitioner and Mr. Navin Kumar Pandey, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

2. The present application has been filed seeking recall

of order dated 13.09.2019 passed in Criminal Revision No. 211

of 2018 which was dismissed due to non-prosecution.

3. Learned counsel for the petitioner submitted that the

petitioner could not appear and when he came to Court he came

to know about the dismissal and the application has been filed.

Patna High Court CR. MISC. No.9696 of 2020 dt.17-02-2021

4. From the pleadings, the Court finds that no dates

have been mentioned. The matter was dismissed on 13.09.2019

whereas the application, though affidavited on 28.01.2020 was

filed on 10.02.2020, that is, after almost five months for which

there is no explanation at all. Moreover, it appears that Criminal

Revision No. 211 of 2018 was filed for setting aside the order of

the Court below by which the opposite parties no. 2 and 3 were

acquitted.

5. Learned APP submitted that repeatedly there have

been laches on the part of the petitioner.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties and

discussions made hereinabove, the Court is not inclined to

interfere in the matter.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T