Junaid Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3061 of 2016 ====================================================== Junaid Khan son of Md. Munir Khan Resident of Dakshin Mohalla, Bhabua Ward No. 15, P.O. and Police Station - Bhabua, District - Kaimur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Anjum Ara wife of Junaid Khan daughter of Parvez Alam

3. Maria daughter of Junaid Khan under guardianship of her mother Anjum Ara Resident of Bhabua Dakshin Mohalla, Ward No. 15, P.O. and Police Station - Bhabua, District - Kaimur. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Sajid Salim Khan, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

By way of the present application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks restoration of Cr. Misc. No. 19072 of 2015 which was dismissed for non-compliance of the peremptory order dated 23.11.2015.

It has been contended by learned counsel for the petitioner that due to calculation mistake notice could be filed on 08.12.2015, though the last date for filing it was 07.12.2015.

Patna High Court Cr.Misc. No.3061 of 2016 (2) dt.27-01-2016 2/2 It has been further contended that there was no willful or deliberate laches on the part of the petitioner. Learned counsel for the State does not oppose the prayer for restoration of the aforesaid application. On the facts and in the circumstances, the prayer is allowed.

Let Cr. Misc. No. 19072 of 2015 be restored to its original file.

Accordingly, the application is disposed of.

(Ashwani Kumar Singh, J.) Kanchan/- U T