IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33243 of 2011 Omkar Upadhyay Versus The State Of Bihar with Cr.Misc. No.31370 of 2008 Omkar Upadhyay Versus State Bihar & Anr ----------- 3 9.11.2011 Cr. Misc. No. 33243 of 2011 has been filed for restoration of quashing application (Cr. Misc. No. 31370 of 2008) which was dismissed for non-prosecution on 27.6.2011 The restoration application is allowed for the reasons mentioned therein and Cr. Misc. No. 31370 of 2008 is restored to its original file. On the last occasion this Court ordered that the quashing application should be listed along with the restoration application so that the matter could be heard in merit. The allegation against the petitioner is that two domestic gas cylinder, one small gas cylinder and a stove were recovered from his possession. It is alleged that he was selling the gas cylinder from his general store in black market. Learned counsel refers to death certificate of his mother which indicates that she died in 2007 and since her ‘shradh’ ceremony was to be performed on 1.10.2007 he had collected the gas cylinders from his friends for the said occasion. In the circumstances, call for the clear carbon copy of case diary of Rajgir P.S. Case No. 14 of 2007 from the Court of the Chief Judicial Magistrate, Nalanda at Bihar Sharif. 2 List this case on receipt of the case diary. Considering the aforesaid submissions, further proceedings in Rajgir P.S. Case No. 14 of 2007 pending before the Chief Judicial Magistrate, Nalanda at Bihar Sharif shall remain stayed subject to the condition that charges have not been framed in this case. Sanjay (Sheema Ali Khan, J.)