Abadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73695 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Nalanda ====================================================== Abadhesh Singh Son of Late Sukhu Chand Prasad, Resident of VillageFatehpur, Police Station-Chiksaura, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2019 Heard both sides.

This petition is filed for restoration of Cr. Misc. No.49322 of 2018, which was dismissed for non-compliance of order dated 29.08.2018.

It is submitted that the certified copy of the First Information Report was to be filed within two weeks peremptory but the certified copy of the First Information Report was obtained after lapse of the peremptory period. The moment the petitioner obtained the certified copy filed the same after two days of the peremptory time.

Taking into consideration the facts aforesaid, restoration petition is allowed. Cr. Misc. No.49322 of 2018 is restored to its original file.

(Prabhat Kumar Jha, J) S.KUMAR/- U T