Devendra Kumar Keshari @ Devendra Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1479 of 2019 In Criminal Writ Jurisdiction Case No.32 of 2019 ====================================================== Devendra Kumar Keshari @ Devendra Keshari S/o Late Gopal Prasad Resident of Mohalla- Patel Nagar, Near Gandi Murti, P.S.- Shastrinagar, District- Patna, at Present residing at H/o- Sushila Ratan Opposite Narain Villa Apartment, Shivpuri attach Patel Nagar, Road No. o, P.s.- Shashtrinagar, District- Patna- 800023.

... ... Petitioner

Versus

1.

The State of Bihar through Home Secretary, Govt. of Bihar, Patna. 2.

The Senior Superintendent of Police, Patna.

3.

The City S.P. Patna.

4.

The Dy S.P. Sachivalaya, Patna.

5.

The Incharge of Shastrinagar Police Station, Patna. 6.

Rekha Keshari , D/o late Gopal Prasad, Resident of House of Bimla Keshari , Wife of late Gopal Prasad, Shivpuri, in the adjacent Street of Shiv Prashat, Appartment, besides Mohan Bhawan, P.S. Shastri Nagar, Patna800023 ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Lakshmi Kant Sharma, Adv.

For the Opposite Party/s :

Mr.Prabhat Kumar Verma (AAG 3) ====================================================== 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 Article 226 of the Constitution of India has been filed by the petitioner for restoration of Cr.W.J.C. No. 32 of 2019, which has been dismissed for part compliance of the order dated 21.02.2019.

It is submitted by Mr. Ramakant Sharma, learned senior advocate appearing for the petitioner that vide order dated

Patna High Court MJC No.1479 of 2019(3) dt.14-08-2019 2/2 21.02.2019 passed in Cr.W.J.C. No. 32 of 2019, this Court had granted ten days peremptory time to remove the defects. The petitioner removed the defects, but inadvertently one defect relating to deficit court fee could not be removed in time and due to that the said Cr.W.J.C. No. 32 of 2019 has been dismissed. He submitted that the part compliance of the order was neither willful nor deliberate and the same occurred due to inadvertence on the part of the counsel for which the petitioner would seek unqualified apology.

Learned counsel for the State does not oppose the application for restoration.

In view of the submission made at the bar, the application is allowed. Cr.W.J.C. No. 32 of 2019 is restored to its original file.

(Ashwani Kumar Singh, J) Pradeep/- U T