Sushil Kumar v. The State Of Bihar, Through Chief Secretary, Human Resource Deptt., Govt. Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32634 of 2019 In Criminal Writ Jurisdiction Case No.248 of 2019 Arising Out of PS. Case No.-425 Year-2017 Thana- RAJAON District- Banka ====================================================== Sushil Kumar son of Santlal Singh, Resident of Village- Kotwali, P.S.- Rajon, District- Banka.
... ... Petitioner/s
Versus
1.
The State of Bihar, through Chief Secretary, Human Resource Deptt., Govt. of Bihar 2.
The Collector, Banka 3.
The District Program Officer, Banka 4.
The District Superintendent of Police, Banka 5.
The Superintending Engineer, Banka 6.
The Sub- Divisional Police Officer, Banka 7.
The Executive Engineer, Banka 8.
The Assistant Engineer, Bihar Education Project, Banka 9.
The Junior Engineer, Banka 10.
The Block Development Officer, Rajon 11.
The Block Education Officer, Banka 12.
The Officer-in-charge, Police Station, Rajon 13.
The Headmaster, Middle School, Harchandi, Rajon, Banka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manohar Prasad Singh, Advocate For the Opposite Party/s :
Ms. Shilpa Singh, GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-08-2019 This application under Section 482 of the Code of Criminal Procedure has been filed for restoration of Cr.W.J.C. No.248 of 2019, which stood dismissed on 15.02.2019 due to non-compliance of the peremptory order dated 01.02.2019. It is submitted by the learned counsel for the
Patna High Court CR. MISC. No.32634 of 2019(2) dt.14-08-2019 2/2 petitioner that the petitioner filed requisites for obtaining the certified copy of the entire order sheet of Rajon P.S. Case No.425 of 2017 on 04.02.2019, which became ready on 08.02.2019 whereafter he obtained the same and sent it through courier to his conducting lawyer, who received it on 13.07.2019 and the same was filed on 14.02.2019, i.e. within the stipulated period, but erroneously registry has treated the case to be dismissed due to non-compliance of the peremptory order. Having regard to the submission made above, the application is allowed.
Cr.W.J.C. No.248 of 2019 is directed to be restored to its original file.
(Ashwani Kumar Singh, J) Md. S/- U T