IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34163 of 2011 ====================================================== 1. Satyendra Singh, son of Ramurgrah Singh. 2. Anil Yadav, son of Ramurgrah Singh. 3. Channu Yadav, son of Ramurgrah Singh. 4. Chandan Kumar, son of Kedar Yadav. 5. Ajay Singh, son of Kailash Singh, all residents of village-Raipur Balwa, Post Office-Baruna, Police Station-Fatuha, District-Patna. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Suresh Kumar, Advocate. For the Opposite Party : Mr. Ram Bachan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 16-11-2011 Heard. The present petition under Section 482 Cr. P.C. has been filed seeking restoration of Cr. Misc. No. 48823 of 2008, which stood dismissed for want of prosecution by an order dated 18.08.2011. In the aforesaid Cr. Misc. petition, prayer was made for quashing of order dated 09.07.2008 passed by the learned Sub- Divisional Judicial Magistrate, Patna City in connection with Fatuha Police Station Case No. 111 of 2008 dated 12.04.2008. After passing of the aforesaid impugned order dated Patna High Court Cr.Misc. No.34163 of 2011 (2) dt.16-11-2011 2 09.07.2008, more than three years have elapsed and there is no material available on the record to indicate the stage of the aforesaid criminal case. Therefore, this Court is of the considered opinion that instead of restoring the aforesaid Cr. Misc. No. 48823 of 2008 to its original file, interest of justice will be sub-served, if the petitioners are granted liberty to file a fresh petition in the same subject matter with all the latest developments regarding the criminal trial. It is ordered accordingly. The present restoration application stands disposed of with a liberty to the petitioners to file a fresh petition in the same subject matter. Devendra/- (Birendra Prasad Verma, J)