Neeraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No. 465 of 2018 Along with Interlocutory Application No. 1353 of 2018 Arising Out of Maintenance Case No.-55 (M) Year-2016 Thana- District- ====================================================== Neeraj Kumar, Son of Sri Ashok Prasad @ Ashok Kumar, Resident of Tarnee Prasad Lane, Ghaslyari Gali, Behind Madarsa, Patna City, P.S.- Khajekalan, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Khushboo Kumari @ Smt. Khushboo Devi, Wife of Neeraj Kumar, Resident of Village- Tarnee Prasad Lane, Ghaslyari Gali, P.S.- Khajekalan, DistrictPatna. At Present residing at Musallahpur behind Government School, P.S.- Pirbahore, District- Patna.

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

For the Petitioner/s :

None For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 24-09-2019 Nobody appears on behalf of the petitioner.

2. Learned APP for the State is present.

3. The application is barred by limitation and accordingly the petitioner had filed Interlocutory Application No. 1353 of 2018. However, on 18.07.2018, the said Interlocutory Application was dismissed as withdrawn with liberty to file fresh and properly drafted application seeking condonation of delay.

4. As per office notes dated 23.09.2019, the same has not been done till date.

Patna High Court CR. REV. No.465 of 2018(3) dt.24-09-2019 2/2

5. Having regard to the aforesaid, the Court finds that the application remaining without even filing of an application for condonation since 18.07.2018, even after liberty having been sought by learned counsel for the petitioner, the same is not fit to proceed.

6. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) Anand Kr.

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