Praveen Kumar v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4598 of 2019 In CRIMINAL MISCELLANEOUS No.14096 of 2018 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== Praveen Kumar Age- 45 years (Male), son of Sri Tara Nand Sinha resident of Village and Post- Sisya, P.S.- Korha, District & Town- Katihar, Pin-854108 ... ... Petitioner
Versus
1.
The State Of Bihar 2.
Shailesh Kumar Late Sadhu Saran Singh resident of Sakarwar Tola, Mokamah, ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Chiranjiva Ranjan For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.
This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for restoration of Cr.Misc. No. 14096 of 2018 to its original file, which was dismissed on 28.08.2018 due to delay of one day in compliance of the peremptory order dated 21.08.2018. Learned counsel for the petitioner submitted that the petitioner could be able to know about the order dated 28.08.2018 in the first week of January, 2019 when the said quashing application was not listed for admission. He filed inspection slip and thereafter the instant application for
Patna High Court CR. MISC. No.4598 of 2019(2) dt.14-08-2019 2/2 restoration was filed. He contended that it was not a case of intentional or deliberate laches, but owing to confusion that the last date for complying the said order dated 21.08.2018 was 28.08.2018, the delay of one day occurred in complying with the peremptory order passed by the Court.
Learned counsel for the State does not oppose the prayer for restoration of Cr.Misc. No.14096 of 2018. Considering the submission made above, the application is allowed. Cr.Misc. No. 14096 of 2018 is restored to its original file.
(Ashwani Kumar Singh, J) Pradeep/- U T