Ras Behari Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62149 of 2023 In Criminal Writ Jurisdiction Case No.1473 of 2022 Arising Out of PS. Case No.-18 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== RAS BEHARI OJHA S/O LATE RAGHUNANDAN OJHA RESIDENT OF A 107 ROAD NO. 9 SANJAY GANDHI NAGAR, HANUMAN NAGAR, PS- KANKARBAGH, DIST- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

THE S.P. BHOJPUR BIHAR 3.

GOPAL KUMAR OJHA SON OF LATE BRAJ NANDAN OJHA RESIDENT OF MADANJI KA HATA, PS- NAWADA, DIST- BHOJPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Bhardwaj, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-11-2023 1.

Heard learned counsel for the parties concerned. 2.

The present petition has been filed for restoration of a criminal writ petition bearing Cr.W.J.C. no. 1473 of 2022, which has stood dismissed on account of non compliance of the peremptory order dated 20.06.2023.

3.

Learned counsel for the petitioner submits that defect no. 6(1) could not be removed due to the fact that despite requisition having been made by the petitioner for obtaining certified copy of the annexures, attached with complaint, the same has not been provided. With regard to other defects, learned counsel for petitioner submits that the same shall be

Patna High Court CR. MISC. No.62149 of 2023(2) dt.24-11-2023 2/2 removed within two weeks.

4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, I deem it fit and appropriate to restore the aforesaid writ petition bearing Cr.W.J.C. no. 1473 of 2022 to its original file, subject to removal of defects by the petitioner within two weeks except defect no. 6(1) which is ignored at this stage.

5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U T