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Patna High CourtCR. MISC./72935/2023allowed

Mohammad Kamal Ashraf v. The Union Of India

2023-11-24Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72935 of 2023 In Criminal Writ Jurisdiction Case No.369 of 2022 Arising Out of PS. Case No.-23 Year-2013 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== MOHAMMAD KAMAL ASHRAF SON OF MOHAMMAD NAYEEM ASHRAF RESIDENT OF ROAD NO.F-3, NEAR IMAM PLAZA ALINAGAR COLONY, P.S. - GARDANIBAGH, ANISABAD, PATNA - 800002, BIHAR ... ... Petitioner/s

Versus

1.

THE UNION OF INDIA NEW DELHI 2.

DIRECTORATE OF ENFORCEMENT, PATNA ZONAL OFFICE THROUGH ITS ASSISTANT DIRECTOR, PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjum Perveen, Advocate For the Opposite Party/s :

Mr.K.N.Singh (A.D.S.G) ====================================================== 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. 369 of 2022, which has stood dismissed on account of non compliance of the peremptory order dated 03.08.2023.

3.

Learned counsel for the petitioner submits that defects pointed out by the Office were partially removed, hence, it is submitted that a sympathetic view be taken and the aforesaid writ application be restored to its original file. 4.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.72935 of 2023(2) dt.24-11-2023 2/2 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. 369 of 2022 to its original file, subject to removal of remaining defects, within a period of two weeks from today.

5.

The present petition stands allowed.

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