Single judge allowed restoration of Cr. Misc. No. 87484 of 2019 originally dismissed for non-compliance within the granted two-week period despite trivial defects in the fardbeyan.
Cr. Misc. No. 87484 of 2019 restored to original file.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57983 of 2021
In
CRIMINAL MISCELLANEOUS No.87484 of 2019
Arising Out of PS. Case No.-1340 Year-2018 Thana- SAHARSA SADAR District- Saharsa
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Verma For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 01-12-2021 Cr. Misc. No. 87484 of 2019 was dismissed, as no steps were taken for removing the defects within two weeks granted under the order dated 06.01.2020.
Restoration application has been filed. The petitioners’ counsel submits that affidavit showing relationship of the respondent with the petitioner was filed in the case on 18.01.2020, i.e., within the time granted. He further submits that the over-writing in margin of the fardbeyan, which was pointed out as a defect, in the earlier case may be ignored. Sahara Sadar P.S. Case No. 1340/2018 is evident from format of the FIR and over-writing in the description of the case no. in fardbeyan is
Patna High Court CR. MISC. No.57983 of 2021(3) dt.01-12-2021 2/2
inconsequential, the same was required to be ignored. He submits that in respect of this defect, he could not take steps earlier due to inadvertence.
Considering the submissions, restoration application is allowed. Cr. Misc. No. 87484/2019 be restored to its original file.
(Madhuresh Prasad, J)
SUMIT/-
U T
Prabesh Sah @ Pravesh Kumar Sah S/o Mishri Sah
Dinesh Sah S/o Mishri Sah
Birendra Sah S/o Kamali Sah
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
