Ranjan Kumar Sah @ Ranjan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1118 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Ranjan Kumar Sah @ Ranjan Kumar ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Sinha -2 For the State :

Ms. Rita Verma For the private Opposite parties : Mr. Brij Nandan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-08-2023

1. Heard learned Counsel for the parties concerned.

2. The petitioner has approached this Court for setting aside the ex-parte order, dated 12.12.2016, passed, in Misc. Case No. 107 of 2015/Trial No. 334 of 2016, by learned Principal Judge, Family Court, Banka.

3. Admittedly, the petitioner has not taken any steps for setting aside the ex-parte order, as provided under the proviso to Section 126 (2) of the Code of Criminal Procedure, 1973, and has approached this Court for setting aside the ex-parte order, dated 12.12.2016.

4. In view of the legal provision, available to the petitioner under the proviso to Section 126 (2) of the Code of Criminal Procedure, 1973, learned Counsel for the petitioner seeks permission to withdraw this application

Patna High Court CR. REV. No.1118 of 2017(11) dt.22-08-2023 2/2 and file a petition before the learned Family Court, Banka.

5. Permission is granted.

6. This application is dismissed as withdrawn, with the aforesaid liberty.

7. It is made clear that if the petitioner files an application under Section 126 (2) of the Code of Criminal Procedure, 1973, along with a petition for condonation of delay within a period of fifteen days from today, the same shall be considered by the learned Family Court, Banka, in accordance with law.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √