The High Court at Patna disposed of a criminal miscellaneous petition seeking restoration of a previously dismissed order due to the illness of the petitioner's clerk, allowing the restoration.
The restoration petition is allowed and Cr. Misc. No. 25652 of 2017 is restored to its original file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48313 of 2017
====================================================== 1. Arun Kumar Gupta, Son of Late Shiv Narayan Gupta, Resident of Pildouri Sarkari Bus Stand, Sultganganj, P.S. Sultanganj, DistrictBhagalpur. .... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 08-11-2017 Heard both sides.
The petitioner has filed this petition for restoration of Cr. Misc. No. 25652 of 2017, which was dismissed for non compliance of peremptory order dated 20.06.2017.
The learned counsel for the petitioner submits that since the Advocate’s clerk fell ill, the peremptory order could not be complied with.
Considering the facts aforesaid, the restoration petition is allowed and Cr. Misc. No. 25652 of 2017 is restored to its original file.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether a criminal miscellaneous petition filed for restoration of a dismissed order on grounds of illness of the clerk is maintainable?
Arun Kumar Gupta
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
