Allowed

Jitendra Singh v. the State of Jharkhand

Jharkhand HC5 Aug 2016Cr.M.P./1597/2016

Case brief

AI extract

What is this about?

Allowed condonation of a 447-day delay in filing a Criminal Miscellaneous Petition for restoration of a revision. Restored the impugned Criminal Revision to its original file and directed the petitioner to file a surrender certificate within three weeks.

What did the court decide?

Condoned delay of 447 days; restored Criminal Revision No.673/2014; directed petitioner to file surrender certificate within three weeks.

Jitendra Singh Vs the State of Jharkhand — Criminal Trial and Appeal | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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I.A.NO.4686/2016

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Cr.M.P. No.1597 of 2016

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Jitendra Singh @Jitendra Kumar Singh, s/o Sri Vishswanath Singh, r/o Shiv Shakti Colony, Sector IX A Road, P.O.Sector IX, P.S.Harla, District-Bokaro.

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…Petitioner.

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Versus

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State of Jharkhand …Opp.Party.

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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Petitioner : M/s. Rakesh Kumar, Advocate. For the Respondent : Mr. S.K.Shikarwar, Advocate.

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02/05.08.2016 I.A.NO.4686/2016

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The instant interlocutory application under Section 5 of the Limitation Act has been filed for condoning the delay 447 days in preferring the present Cr.M.P.

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It is submitted that by order dated by order dated 25.02.2015 the petitioner was directed to file surrender certificate within three weeks but since the petitioner had gone out of State to earn his livelihood the order could not be communicated to him, however, when he returned he was informed by the conducting advocate that due to non-compliance of the peremptory order Cr. Revision no.673/2014 stood dismissed on 18.03.2015 accordingly, the petitioner preferred the present Cr.M.P. and the delay is not deliberate or intentional rather the peremptory order could not be complied due to the circumstances as mentioned hereinabove. That the petitioner has a good case and if the delay is not condoned and Criminal Miscellaneous Petition for restoration of Cr. Revision no.673/2014 is not allowed the petitioner shall suffer irreparable loss and injury.

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Learned counsel appearing for the State has

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not raised any serious objection.

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Heard. In view of the reasons assigned in the affidavit sufficient cause is made out accordingly the delay in preferring the present Cr.M.P. is condoned.

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I.A.NO.4686 /2016 is allowed and disposed

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of.

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Cr.M.P.NO.1597/2016

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In view of the grounds enunciated in this Cr.M.P. the petition stands allowed and Cr.Revision no.673/2014 is restored to its original file and the petitioner shall comply with the order by filing surrender certificate within three weeks.

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(Amitav K. Gupta, J.)

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Biswas.

Jitendra Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jitendra Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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