Garjan Chamar vs The State Of Bihar
2021 Latest Caselaw 2858 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.79556 of 2019
                          Arising out of
                 CRIMINAL REVISION No.541 of 2018
 Arising Out of PS. Case No.-11 Year-2006 Thana- RAMGARH District- Kaimur (Bhabua)
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Garjan Chamar, aged about 68 years (male), S/o Late Bans Narayan Chamar R/o village- Godsara, P.S.- Ramgarh, District- Kaimur at Bhabua ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the State : Mr. Bishweshwar Ram, APP For the Informant : Mr. Md. Abu Haider, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Dhaneshwar Prasad Gupta, learned

counsel for the petitioner; Mr. Bishweshwar Ram, learned

Additional Public Prosecutor (APP) for the State and Mr. Md.

Abu Haider, learned counsel for the informant.

3. The present application seeks recall of order dated

18.10.2019 passed in Criminal Revision No. 541 of 2018

dismissing the case for non-prosecution.

4. Learned counsel for the petitioner submitted that

due to illness of learned counsel, the case could not be marked

in the daily cause list, both on 17.10.2019 and 18.10.2019

resulting in dismissal due to non-prosecution. It was submitted

that there was no deliberate laches on the part of the petitioner

and if the matter is not restored it will lead to irreparable loss to Patna High Court CR. MISC. No.79556 of 2019 dt.30-06-2021

the petitioner as the case was filed against the judgment and

order of conviction and sentence.

5. Learned APP submitted that the case was called but

nobody had responded and, thus, there was laches on the part of

the petitioner.

6. Learned counsel for the informant also submitted

that on two days, the case was called and then it was dismissed

for default, which clearly reflects laches on the part of the

petitioner.

7. 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 by learned

counsel for the petitioner for his non-appearance on 17.10.2019

and 18.10.2019 leading to dismissal of the case for non-

prosecution.

8. Accordingly, the petition is allowed. Order dated

18.10.2019 stands recalled and Criminal Revision No. 541 of

2018 stands restored to its original file and number.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T