Fudan Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43185 of 2016 ====================================================== Fudan Mahaldar, son of late Benku Mahaldar, resident of village- Mukuria, P.S. Azamnagar, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Helal Ahmad, Advocate. For the State : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-10-2016 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 on behalf of the petitioner for restoration of Cr. Misc. No. 24140 of 2016 which stood dismissed on 24.9.2016 for non-compliance of the order dated 13.7.2016 passed by this Court.

It is submitted by the learned counsel for the petitioner that due to unavoidable circumstances, the certified copy of First Information Report of Azam Nagar (O.P. Salmari) P.S. Case No. 75 of 2014 could not be filed within stipulated time and as such, the defect could not be removed in time. It is further submitted that the defect no. 14(4) has now been removed. On the facts and in the circumstances of the case, the

Patna High Court Cr.Misc. No.43185 of 2016 (2) dt.05-10-2016 2/2 prayer is allowed.

Let Cr. Misc. 24140 of 2016, be restored to its original file.

(Ashwani Kumar Singh, J) S.Ali/- U T