Petitioner sought restoration of a dismissed writ petition via Section 482 CrPC. The Court held such an application is not maintainable but allowed filing a fresh lawful application.
Application dismissed as not maintainable; liberty to file fresh application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.62057 of 2017
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Md. Irshad Alam, Son of Samsuddin, Resident of 40 A, S.N. Banerjee Road, Kolkatta, through its Attorney Holder Md. Anis, Son of Late Haji Nizamuddin, Resident of P.O. and P.S.- Sherghati, District- Gaya.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rashid Izhar, Advocate. For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 26-09-2018 This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for restoration of Cr.W.J.C. No. 368 of 2012, which was dismissed for noncompliance of the order dated 22.06.2012 passed by this Court.
In my considered opinion, for restoration of a writ petition, an application under Section 482 of the Code of Criminal Procedure would not be maintainable.
In that view of the matter, the application is dismissed as not maintainable. However, the petitioner would be at liberty to file a fresh application in accordance with law for restoration of criminal writ petition.
(Ashwani Kumar Singh, J)
Pradeep/Sneha U T
1 issue framed by the court
Whether an application under Section 482 CrPC is maintainable for restoration of a dismissed criminal writ petition.
1 provisions across 1 enactments
Md. Irshad Alam
The State of Bihar
The Superintendent of Police, Gaya
The Officer in Charge, Bodh Gaya Police Station, District- Gaya
The Officer in Charge, Magadh Medical Police Station, District- Gaya
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
