Nasimuddin Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.17614 of 2018 (2) dt.18-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17614 of 2018 ======================================================

1. Nasimuddin Khan Son of Nooruddin Haidar Khan Resident of VillageMalhari, Police Station- Imamganj, District-Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-04-2018 Cr. Appeal (SJ) No. 3246 of 2017 was dismissed on 07.03.2018 for non-removal of the defects in pursuance of order dated 29.01.2018. Moreover, no one had appeared on behalf of the appellant on that day.

Prayer is for restoration of the aforesaid appeal on the ground that most of the defects have been removed and defect no. 5 is ignorable because the case number corrected in pen is consistent with the case number referred in the order dated 27.10.2016, Cr. Appeal (SJ) No. 722 of 2016. Finding substance in the submission aforesaid, the dismissal is set aside and the appeal is ordered to be restored to its original file and number.

This appeal is tied-up matter of Hon'ble Mr. Justice Ashwani Kumar Singh vide order at Annexure-1.

Hence, this application stands allowed.

(Birendra Kumar, J) Kundan/- U