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Patna High CourtCR. MISC./38899/2017dismissed

Satyendra Sharma v. The State Of Bihar

2018-01-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38899 of 2017 ======================================================

1. Satyendra Sharma, Son of Late Lalan Sharma, Resident of Village-Bira, P.S.-Hulasganj, District-Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. Mr. Rajesh Kumar, Adv.

For the Opposite Party/s : Mr. Sri Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-01-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for restoration of Cr.Misc. No. 30823 of 2011, which stood dismissed for non-compliance of the order passed by this Court on 21.12.2011 whereby this Court had directed to restore Cr.Misc. No. 54273 of 2006 to its original file subject to the condition that the petitioner must remove the defect pointed out by the Stamp Reporter within a period of four weeks if already not done so.

As the matter is quite old and no satisfactory explanation for non-compliance of the order has been given, I am not inclined to restore the restoration application of 2011, which was filed for restoration of a criminal miscellaneous application filed in 2006. Accordingly, the restoration application is dismissed. In case, cause of action still survives, the petitioner

Patna High Court Cr.Misc. No.38899 of 2017 (5) dt.03-01-2018 2/2 would be at liberty to file fresh application for the prayer made in Cr.Misc. No. 54273 of 2006 before this Court. (Ashwani Kumar Singh, J) Pradeep/- U T