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Patna High CourtCR. MISC./11247/2018allowed

Ram Balak Sah v. State Of Bihar And ANR

2019-02-27Mr. Justice Aditya Kumar Trivedi1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11247 of 2018 In CRIMINAL APPEAL (SJ) No.1633 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Ram Balak Sah ... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arbind Kumar Sharma For the Opposite Party/s :

Mr.Sri Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner as well as learned APP. It has been submitted at the end of the petitioner that as the petitioner failed to avail the peremptory period as well as extended period on account thereof, Cr. Appeal (SJ) No.1633/2017 has been dismissed in the background of the fact that defect so pointed out by the office could not be removed. Furthermore, it has been submitted that all the defects have been removed however, after the extended period. In the aforesaid background, staling the effect of peremptory order, Cr. Appeal (SJ) No.1633/2017 is directed to be restored to its original status. Consequent thereupon, Cr. Misc. No.11247/2018 is allowed.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T