Patna High Court dismissed a modification application seeking relief due to the dismissal of the underlying criminal revision for non-compliance with a preemptory order, allowing only a restoration application.
Liberty to file appropriate restoration application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9454 of 2015
======================================================
Arti Devi Wife of Manoj Kumar resident of Barauli, P.S. Barauli, District - Gopalganj, Presently residing at the House of Madan Prasad, resident of village - Ratan Sarai Malikana, P.S. & P.S. Barauli, District - Gopalganj .... .... Petitioner/s Versus
====================================================== Appearance : For the Petitioner/s : Mr. Shafiur Rahman For the Opposite Party/s : Mr. Indra Kr.Singh(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
02/ 12-08-2015 The present application has been filed for modification of order dated 22.10.2014 passed in Criminal Revision No. 497 of 2013, whereby the petitioner was granted for weeks preemptory time to file appropriate limitation petition.
Since the criminal revision stood dismissed for non-compliance of preemptory order dated 22.10.2014, the present modification application is not maintainable.
Patna High Court Cr.Misc. No.9454 of 2015 (02) dt.12-08-2015
2/2
Accordingly, this modification application
is disposed of with liberty to the petitioner to file appropriate restoration application.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether a modification application is maintainable when the underlying criminal revision was dismissed for non-compliance.
Arti Devi
The State of Bihar
Sanjay Kumar Gupta
Poonam Devi
Ajay Kumar Gupta
Puspa Devi
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
