Manish Anand v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.51527 of 2014 (2) dt.12-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51527 of 2014 ======================================================

1. Manish Anand Son of Late Hemant Kumar Jha Resident of Anand Bhawan, Boddha Marg, P.S. Kotwali, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dr. Ejajul Hasan Son of Late Dr. Fakhrul Hasan resident of Tatarpur, Bhagalpur, P.S. Bhagalpur, District - Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Narendra Kumar Singh For the Opposite Party/s : Mr. Bipin Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 12-08-2015 This is a petition for restoration of Cr.Appeal No. 1 of 2013 which was dismissed for non-compliance of peremptory order dated 12.08. 2014.

It is submitted that after passing the peremptory order learned counsel for the appellant directed his clerk for filing requisites for issuing notice to the respondent no. 2. However, due to over hearing, the clerk of the counsel for the appellant heard that the same has to be filed on 29.08.2014 and in view of the aforesaid he filed the requisites on 22.08.2014, presuming the same to be within time.

Having regard to the above mentioned explanation, Cr. Appeal is restored to its original file and number and requisites etc. filed be deemed to be valid.

m.p.

(Gopal Prasad, J) U T