Patna High CourtCR. MISC./22618/2016allowed

Sanjay Kumar v. The State Of Bihar Through Chief Secretary, Govt. Of Bihar, Patna And ORS

2016-07-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22618 of 2016 ======================================================

1. Sanjay Kumar (wrongly named in the F.I.R. as Sanjay Kumar Jha) Son of late Bhavnath Mishra, resident of Mohalla :- Lalbagh, P.O.:- Lalbagh, P.S.:- Town Thana, District:- Darbhanga, the then Block Development Officercum- Child Development Project Officer, Sangrampur Block, District- East Champaran at present posted as District Transport Officer, Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar, through Chief Secretary, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. Vigilance Investigation Bureau, Bihar, Patna.

4. The District Magistrate-cum-Collector, At & P.O. & P.S.- Motihari, District- East Champaran.

5. The Superintendent of Police, Vigilance Investigation Bureau, Bihar, Patna.

6. Sri Yogendra Paswan, Officer-in-Charge, Vigilance Investigation Bureau, Vigilance Police Station, Patna.

7. Sri Rajendra Singh Son of Chanar Singh @ Ram Chandra Singh, resident of Village- Bhatkajra, P.S.- Sangrampur, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ved Prakash Srivastva For the Opposite Party/s : Mr. Sunil Kumar Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The present application under Section 482 of the Code of Criminal Procedure has been filed for restoration of Cr.Misc. No. 14839 of 2016 which stood dismissed due to late compliance of the peremptory order dated 04.02.2016 passed by this Court.

It is contended that the delay was caused due to

Patna High Court Cr.Misc. No.22618 of 2016 (2) dt.14-07-2016 2/2 unavoidable and compelling circumstances. It is neither intentional nor deliberate. The petitioner has got good case on merits and, though late, the order passed by this Court has been complied with.

Regard being had to the submissions advanced at the Bar, the prayer is allowed. Let Cr.Misc. No. 14839 of 2016 be restored to its original file.

(Ashwani Kumar Singh, J) Pradeep/- U T