Amrit Kumar @ Chuhwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72554 of 2023 In CRIMINAL REVISION No.910 of 2022 Arising Out of PS. Case No.-479 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== AMRIT KUMAR @ CHUHWA Son of Ramji Saw R/o Mohalla - Sudi Tola, P.O. - Buniyadganj Manpur, P.S. - Mufassil Gaya, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== 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 Cr. Rev. no. 910 of 2022, which has stood dismissed on account of non compliance of the peremptory order dated 24.08.2023.

3.

Learned counsel for the petitioner submits that in compliance of the peremptory order dated 24.08.2023, petitioner has removed defects no. 1, 2 and 4, however, defect no. 3 has not been removed due to the fact that visible certified copy is not available, hence, it is submitted that a sympathetic view be taken and the aforesaid revision application be restored to its original file.

4.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.72554 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 ignore defect no. 3 and restore the aforesaid writ petition bearing Cr. Rev. no. 910 of 2022 to its original file, subject to verification of the fact that all the defects have been removed by the Office. 5.

The present petition stands allowed.

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