Shrawan Ram @ Shrawan Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59539 of 2021 In CRIMINAL MISCELLANEOUS No.4331 of 2020 Arising Out of PS. Case No.-66 Year-2017 Thana- TARABARI District- Araria ====================================================== SHRAWAN RAM @ SHRAWAN KUMAR RAM Son of Late Dinesh Ram Resident of Village- Phulwari, Panchayat-Jamua, P.S.- Tarawari, DistrictAraria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Shankar Sah, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2022 The present petition has been filed for restoring a petition bearing Criminal Misc. No. 4331 of 2020 which has stood dismissed for default on account of non-compliance of the peremptory order dated 29.01.2020.

The learned counsel for the petitioner has submitted that of account of the petitioner having not got any information by SMS on his mobile phone regarding the listing of the said case, the learned counsel for the petitioner could not attend the hearing of the said case resulting in passing of a peremptory order for removal of the defects, knowledge whereof could not be acquired by the learned counsel for the petitioner, resulting in non-curing of the defects in time due to which the aforesaid case

Patna High Court CR. MISC. No.59539 of 2021(2) dt.29-03-2022 2/2 has been dismissed for default.

The learned counsel for the petitioner has submitted that though the defects, according to him, have now been removed, however, he prays for grant of two weeks' further time to approach the Registry of this Court and remove the defect(s), if any, still existing in the present case.

Considering the facts and circumstances of the case and the submissions/averments made in the present petition, I deem it fit and proper to direct for restoration of the aforesaid petition bearing Criminal Misc. No. 4331 of 2020 to its original file subject to removal of the remaining defect(s), if any, within a period of two weeks from today, for which liberty is granted to the petitioner to approach the Registry of this Court physically and do the needful.

The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U T