Patna High CourtCR. MISC./28998/2024disposed

Chuman Sahani v. Aarti Kumari @ Arti

2024-04-10Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28998 of 2024 In CRIMINAL REVISION No.638 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- East Champaran ====================================================== Chuman Sahani S/O Praduman Sahani R/O Village- Ward no. 9, Bahuari, Post- Jhitkahiya, P.S- Lakhaura, Distt.- East Champaran. ... ... Petitioner

Versus

Aarti Kumari @ Arti D/O Chukan Sahani R/O Village- Bahuari, P.SLakhaura, Distt.- East Champaran, Presently residing at Mohalla- Agarwa Motihari, P.O- Motihari, P.S- Nagar Motihari, Distt.- East Champaran. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-04-2024 This is an application seeking restoration of Cr. Revision No. 638 of 2021 which stood dismissed for noncompliance of the order dated 22.11.2023 passed in Cr. Revision No. 638 of 2021.

2. It appears from the order dated 22.11.2023 that this Court granted learned counsel for the petitioner two weeks' time as prayed to remove the defects. The order was peremptory and because this order was not complied with, the revision application stood dismissed.

3. Learned counsel for the petitioner submits that he could not comply with the order because the original brief of the revision petition had been misplaced by the petitioner. Now the

Patna High Court CR. MISC. No.28998 of 2024(2) dt.10-04-2024 2/2 petitioner has obtained certified copy of the order dated 06.04.2021 passed in Maintenance Case No. 448 of 2018 and he is in a condition to remove the defects if the revision application is restored and the petitioner is given an opportunity to reconstruct the brief with fresh affidavit and certified copy of the impugned order and removing the defects.

4. Having regard to the kind of difficulty shown by the petitioner, this Court allows this application. Cr. Revision No. 638 of 2021 is restored to its original file. Petitioner shall take appropriate steps to reconstruct the brief with fresh affidavit and certified copy of the impugned order and remove the defects.

5. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T