Allowed

Vijay Kumar Roy @ Vijay Kumar Ram and Anr. v. State Of Bihar and Anr.

Patna HC26 Sept 2018CR. MISC./31154/2018

Case brief

AI extract

What is this about?

The High Court allowed a petition for the restoration of Cr. Misc. No. 3880 of 2017, which had been dismissed for non-compliance. The court observed that the order was complied with only two days after the deadline, despite the petitioner being absent during the initial hearing.

What did the court decide?

Cr. Misc. No. 3880 of 2017 is directed to be restored to its original file.

Vijay Kumar Roy @ Vijay Kumar Ram and Anr. Vs… — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31154 of 2018

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Vijay Kumar Roy @ Vijay Kumar Ram, son of Late Ram Das,

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Kiran Devi, wife of Vijay Kumar Roy @ Vijay Kumar Ram,

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Both are resident of Mohalla- Ramjee Chak, P.O.- Bataganj, P.S.-

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Digha, District- Patna.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Hari Om Dubey, son of Late Ranveer Bahadur Dubey, resident of Mohalla- Bataganj, P.S.- Digha, District- Patna, permanently resident of Village- Agni, P.O. Sikariya, P.S.- Darigaon, District- Rohtas.

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.... .... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mrs. Sangeeta Sharma. A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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2 26-09-2018 Heard learned counsel for the petitioners and learned

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counsel for the State.

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This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for restoration of Cr. Misc. No. 3880 of 2017 which was dismissed for noncompliance of the order dated 10.10.2017.

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It is contended by the learned counsel for the petitioners that on 10.10.2017 when the case was called out he was not present in the court and, as such, he could not come to know about the nature of the order as a result of which the order could not be complied with in time. However, only two days after expiry of the peremptory time, the order passed by this Court has already

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Patna High Court Cr.Misc. No.31154 of 2018 (2) dt.26-09-2018

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2/2

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been complied.

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Considering the facts and circumstances of the case

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and the submissions made above, the prayer is allowed.

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Cr. Misc. No. 3880 of 2017 is directed to be restored to its original file.

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(Ashwani Kumar Singh, J)

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Md.S./-Sanjeev

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Vijay Kumar Roy @ Vijay Kumar Ram and Anr. v. State Of Bihar and Anr.

Case brief

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Vijay Kumar Roy @ Vijay Kumar Ram and Anr. v. State Of Bihar and Anr.

Case brief

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What did the court decide?

What the court decided

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