Patna High Court - Orders
Shams Firoz Mian @ Shams Firoz & Anr vs The State Of Bihar on 19 June, 2013
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20789 of 2013
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1. Shams Firoz Mian alias Shams Firoz, son of Md. Mustakim, resident of
Mohalla- Sareya, Ward No. 2, P.S. And District- Gopalganj
2. Abdul Kayum son of Mohmad Mian resident of Village- Sareya
Aristyar, P.S.- Manjhagarh, District- Gopalganj
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
2 19-06-2013Heard learned counsel for the petitioners.
The present petition has been filed with a prayer to restore Cr. Misc. No. 18535 of 2010, which stood dismissed due to non appearance on behalf of the petitioners continuously on two dates. On 13.9.2012, none appeared and on 14.9.2012 again none appeared, and as such, the petition was dismissed.
It would be appropriate to quote the order dated 14.9.2012, which is as follows:-
"Today again on call, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. Yesterday also, none had appeared on behalf of petitioners. Sri Binod Bihari Singh, learned Addl. Public Prosecutor is present.Patna High Court Cr.Misc. No.20789 of 2013 (2) dt.19-06-2013
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Two petitioners in this case have made a prayer for quashing of an order dated 05.01.2010 passed by learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 262 of 2008, Tr. No. 2494 of 2010, registered for the offence under Sections 302, 120B/34 of the Indian Penal Code.
In this case, earlier case diary was summoned, which is on record.
The petition stands dismissed due to non - prosecution.
Office is directed to remit back carbon copy of the case diary to the court below forthwith."
In the restoration petition a plea has been taken that on 14.9.2012 the case was not marked, and as such, learned counsel for the petitioners missed to attend the case, whereas, fact remains that prior to 14.9.2012, on 13.9.2012 also none had appeared on behalf of the petitioners.
I do not find any ground for restoring Cr. Misc. No. 18535 of 2010.
The petition stands dismissed.
(Rakesh Kumar, J) Praful/-