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Patna High CourtCR. MISC./41360/2016allowed

Ravi Kumar v. The State Of Bihar

2016-10-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41360 of 2016 ====================================================== Ravi Kumar, minor son of Mahendra Choudhary, through his father and natural guardian Mahendra Choudhary, s/o late Lok Nath Choudhary, r/o village - Sanjhouli, P.S. Sanjhouli, District - Rohtas .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Abhinay Raj, Advocate. For the State : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The present application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for restoration of Cr. Revision No.557 of 2016 which stood dismissed on 1.8.2016 for non-compliance of the order dated 18.7.2016 passed by this Court.

It is submitted that all the defects were removed on 29th of July, 2016 except one of the defects which required a fresh Vakalatnama to be filed with the signature of the natural guardian of the petitioner. An information was given to the father of the petitioner for the same and he came over to Patna on 2nd of August, 2016 and the Vakalatnama could thus only be filed on 2nd

Patna High Court Cr.Misc. No.41360 of 2016 (2) dt.05-10-2016 2/2 of August, 2016, but before that, i.e. on 1st of August, 2016, the case was already dismissed.

On the facts and in the circumstances of the case, the prayer is allowed.

Let Cr. Revision No. 557 of 2016, be restored to its original file.

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