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Patna High CourtCR. MISC./9756/2015allowed

Ramashish Ram @ Dharmendra Jee v. The State Of Bihar

2015-10-14Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 9756 of 2015 Arising out of Criminal Miscellaneous No. 29520 of 2014 ====================================================== Ramashish Ram @ Dharmendra Jee Son of Tulsi Ram Resident of Village Chainpur, P.S. Dhibra, and District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The present application seeks restoration of Cr. Misc. No. 29520 of 2014, which stood dismissed due to non compliance of the peremptory order dated 24.07.2014. Learned counsel for the petitioner submits that due to the son of the petitioner aged about 19 years, being the only parvikar, the information which was to be furnished to the Court could not be made available in time due to which the case stood dismissed. It is further submitted that the remaining defect of filing of the supplementary affidavit shall now be removed as such affidavit has already been affirmed on 15.09.2015 and with the permission of the Court shall be filed by tomorrow.

Learned counsel for the State does not

Patna High Court Cr.Misc. No.9756 of 2015 (3) dt.14-10-2015 2/2 oppose the prayer.

Upon considering the facts and circumstances of the case and submissions of learned counsel for the parties, the order dated 24.07.2014 in Cr. Misc. No. 29520 of 2014 stands modified to the extent that the time granted for removing the defect stands extended to 15th October, 2015. Accordingly, Cr. Misc. No. 29520 of 2014 stands restored to its original file and number subject to the defects being removed by tomorrow.

The application stands disposed off.

(Ahsanuddin Amanullah, J.) P. Kumar U T