The single judge allowed the criminal miscellaneous petition for restoration of Cr. Appeal No. 1459 of 2017. The petition was filed because the original appeal was rejected for non-compliance, but the petitioner subsequently surrendered before the lower court.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. 750 of 2018
Botish Yadav …… Petitioner Versus The State of Jharkhand …… Opposite Parties
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner :Mr Sabyasanchi, Advocate For the State :A.P.P
03/Dated: 03/08/2018
In terms of order dated 27.07.2018, supplementary affidavit dated 03.08.2018 has been filed on behalf of the petitioner stating therein that petitioner has surrendered before the court below on 20.07.2018.
Office is directed to make diary entry and tag the said affidavit with the record.
The instant Cr.M.P has been filed for restoration of Cr. Appeal (S.J.) No. 1459 of 2017 which stood rejected for non compliance of the order dated 28.11.2017.
For the reasons stated in para 4, 5 and 6 of the said application, the Cr.M.P. No.750 of 2018 stands allowed and accordingly, the Cr. Appeal (S.J.) No. 1459 of 2017 is restored in its original file to be listed in the next week under the heading for admission.
(Anant Bijay Singh, J.)
Satyarthi/-
2 issues framed by the court
Whether the criminal miscellaneous petition filed for restoration of the criminal appeal should be allowed.
Whether the withdrawal of the order for non-acceptance of the appeal due to non-compliance requires restoration of the appeal to the roll.
Botish Yadav
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
