Patna High CourtCR. MISC./45874/2025disposed

Chhotelal Yadav v. The State Of Bihar

2025-07-11Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45874 of 2025 In CRIMINAL MISCELLANEOUS No.19374 of 2025 Arising Out of PS. Case No.-349 Year-2024 Thana- DARAUNDA District- Siwan ====================================================== Chhotelal Yadav S/o Yamuna Rai Resident of Village- Rasulpur Chakari Takipur, P.S.- Daraundha, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-07-2025 Heard Mr. Prabhakar Singh, learned counsel for the petitioner and Mr. Pronoti Singh, learned Additional Public Prosecutor for the State.

2. This application has been filed for restoration of Cr.Misc.No. 19374 of 2025 which stood dismissed for default on 12.05.2025 for non-compliance of the order dated 05.05.2025.

3. Learned counsel for the petitioner submits that one week time was allowed to remove the defects. Although learned counsel for the petitioner has remove the three defects out of five defects and two defects as pointed by the Office but defect no.3 and 4 still remains.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.45874 of 2025(2) dt.11-07-2025 2/2 defect no.3 and 4 be ignored by this Court itself because date of the FIR in paragraph nos. 1 and 5 of Impugned Order differs and date of the FIR is not mentioned in the FIR.

4. In view of the aforesaid, the prayer for restoration is allowed and Cr.Misc.No. 19374 of 2025 is restored to its original file.

5. Let the defect no.3 and 4 as pointed out by the Office in Cr. Misc. No. 19374 of 2025 be ignored.

6. Office is directed to place Cr. Misc.No. 19374 of 2025 under the heading "For Admission".

7. Accordingly, the present restoration application is disposed of.

(Rajesh Kumar Verma, J) Suruchi/- U T