Vicki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7154 of 2020 In CRIMINAL MISCELLANEOUS No.74385 of 2019 Arising Out of PS. Case No.-469 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== Vicki Kumar, aged about 28 years, Male, Son of Hira Sao @ Hiralal Shah, Resident of Village - Naya Bazar Lakhisarai Ward No. 27, P.S. - Kabihiya, Dist.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Learned counsel for the petitioner has filed Cr. Misc. No.7154 of 2020 for restoration of Cr. Misc. No.74385 of 2019. By order dated 28.11.2019, three weeks' time was granted to the learned counsel for the petitioner to remove the defect, but the same has not been removed and Cr. Misc. No.74385 of 2019 has been dismissed for default.

Learned counsel for the petitioner further submits that regarding defect no.6(1), i.e. in the F.I.R., it is mentioned as Lakhisarai (Kabaiya) P.S. Case No.469 of 2017, but in the impugned order, it has wrongly been mentioned as Kabaiya P.S.

Patna High Court CR. MISC. No.7154 of 2020(2) dt.05-02-2020 2/2 Case No.469 of 2017. He submits that he has not removed this defect. The defect no.6(1) as pointed out by the Stamp Reporter is ignored.

This restoration petition is allowed.

Put up this case for admission.

(Anjani Kumar Sharan, J) Nasimul/- U T