Md. Tanjoor @ Tangool @ Madhsad v. The State Of Bihar And ORS

Patna High Court Cr.Misc. No.18277 of 2015 (2) dt.06-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18277 of 2015 ====================================================== Md. Tanjoor @ Tangool @ Madhsad Son of Late Habil, resident of villageKhaja Nagar, P.S. Barsoi, Distt. Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Munafa Khatoon, wife of Md. Tanjoor, D/o Md. Hakmat

3. Md. Munna son of Md. Tanjoor

4. Md. Akbar son of Md. Tanjoor

5. Md. Asgar son of Md. Tanjoor Opposite Party Nos. 3 to 5 are minor and represented through their natural guardian Mother Mustafa Khatoon. All are resident of village- Khana Nagar, P.S.- Barsoi, District- Katihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Md. Musowir, Advocate For the Opposite Party/s : Mrs. Veena Kri. Jaiswal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-05-2015 The petitioner seeks modification of the order dated 7.4.2014 passed in Cr. Revision No. 349 of 2012, whereby he was permitted to file an application under Section 126(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for setting aside the ex parte order passed under Section 125 of the Code and for seeking a re-hearing of the matter. The petitioner had been granted four weeks' time for the purpose of filing such application alongwith a petition for condonation of delay.

The petitioner approaches this Court after a lapse of one year on 13.4.2015 seeking extension of the period for moving the court below.

The delay on the part of the petitioner to seek a modification is a reason by itself to decline the relief.

Prayer is rejected. Application is dismissed. (Jyoti Saran, J) S.Sb/- U