Ashok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43441 of 2023 In CRIMINAL MISCELLANEOUS No.3927 of 2023 Arising Out of PS. Case No.-127 Year-2009 Thana- ATRI District- Gaya ====================================================== ASHOK YADAV son of Badri Yadav Village- Bahorma Ps- Neemchak Bathani Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Asgher Najmi, Advocate For the Opposite Party/s :
Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2023 1.
Heard the learned counsel for the petitioner and the learned APP for the State.
2.
The present petition has been filed for restoration of a petition bearing Cr. Misc. No.3927 of 2023, which has stood dismissed for default on account of non-removal of the defects within the peremptory time granted to the petitioner to do so.
3.
The learned counsel for the petitioner has submitted that the petitioner had not supplied the fresh and legible copy of the FIR as also identity card of the deponent, hence the defects could not be removed within time, however, the same would be filed within a period of two weeks from today, thus a sympathetic view be taken and the aforesaid petition be restored
Patna High Court CR. MISC. No.43441 of 2023(2) dt.19-07-2023 2/2 to its original file.
4.
Having regard to the facts and circumstances of the case, taking into account the material available on record, as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid petition bearing Cr. Misc. No.3927 of 2023 to its original file, subject to removal of the defects pointed out by registry, within a period of two weeks from today.
5.
The present petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) kanchan/- U T