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
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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.)