Md. Yusuf v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.595 of 2016 ====================================================== Md. Yusuf Son of Ali Hassan, resident of Village Panna, P.S. Arer, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Guriya Khatoon, D/o Late Md. Sakoor, resident of Katai, P.S.- Madhubani (Town), District - Madhubani.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. A.M. Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-01-2016 Heard the parties.

This application has been filed for restoration of Criminal Misc. No. 45872 of 2014 which stands dismissed as against Opposite Parry No. 2 for non-compliance of the order dated 10.4.2015 passed in Criminal Misc. No. 45872 of 2014, whereby the petitioner was directed to furnish requisites for service of notice on the Opposite Party No. 2 under registered cover with A/D as well as ordinary process. Since the order was peremptory in nature hence its non-compliance led to dismissal of the application. The requisites have been filed albeit after the expiry of the peremptory order on 03.6.2015.

Having heard learned counsel for the parties and for the reasons so assigned in this application, the peremptory period

Patna High Court Cr.Misc. No.595 of 2016 (2) dt.27-01-2016 granted under the order dated 10.4.2015 passed in Criminal Misc. No. 45872 of 2014 is extended until 03.6.2015 and since admittedly the requisites are on record, hence Criminal Misc. No. 45872 of 2014 stands restored against the Opposite Parry No. 2 as well.

Office to proceed accordingly.

This application is allowed.

(Jyoti Saran, J) S.Sb/- U