Vinod Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2925 of 2017 In Criminal Writ Jurisdiction Case No.985 of 2017 ====================================================== Vinod Ram, Son of Narshingh Ram, R/o Village - Narbatpur, Post - Chausa, P.S. - Buxer (MU), District - Buxer.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Director General of Police-cum- I.G. of Police, Bihar, Patna. 3.

The D.I.G. of B.M.P. Central Zone, Patna.

4.

The Commandant of B.M. P-3, Bodh Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Jha For the Opposite Party/s :

Mr. Prabhat Kumar Verma - AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-06-2019 Cr.W.J.C. No. 985 of 2017 was dismissed for noncompliance of peremptory order dated 31.07.2017. On the prayer of the petitioner, Cr.W.J.C. aforesaid was adjourned for 31.07.2017 by order dated 07.07.2017 for removal of the defects. Again prayer was made for extension of time for removal of the defects and by order dated 31.07.2017 further two weeks peremptory time was allowed but the defects could not be removed.

The reason for non-compliance of the order of the aforesaid Cr.W.J.C. is stated as absence of learned counsel for the petitioner from the Headquarter due to illness of his mother. Considering the entire facts and for substantial justice,

Patna High Court MJC No.2925 of 2017(10) dt.26-06-2019 2/2 the dismissal of Cr.W.J.C. aforesaid is set aside and the same is ordered to be restored to its original file, subject to payment of cost of Rs.2,000/- (two thousand) in the victim compensation fund. Accordingly, this application stands allowed. (Birendra Kumar, J) Kundan/- U