Patna High CourtCR. MISC./67635/2019allowed

Gopi Mandal v. The State Of Bihar

2020-02-05Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 67635 of 2019 Arising out of CRIMINAL REVISION No. 1339 of 2018 Arising Out of PS Case No.-256 Year-2004 Thana- NATHNAGAR District- Bhagalpur ====================================================== Gopi Mandal, Gender_Male, aged about 45 years, Son of Bindeshwari Mandal, Resident of Village/Mohalla - Kanjhiya, P.S.- Nathnagar, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S. K. Singh, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan and Ms. Madhubala Tiwary, Advocates For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed seeking restoration of Cr. Revision No. 1339 of 2018 which stood dismissed due to non-compliance of peremptory order dated 05.08.2019.

3. Learned counsel for the petitioner submitted that the petitioner had surrendered before the Court below on 08.08.2019 and surrender certificate has been filed in the registry on 13.08.2019 i.e., after delay of one day and further that the certified copy of the order dated 30.05.2016 was also

Patna High Court CR. MISC. No.67635 of 2019(2) dt.05-02-2020 2/2 filed on 30.08.2019. It was submitted that there was no deliberate laches on the part of the petitioner.

4. Learned APP submitted that the petitioner had surrendered only after the order of the Court dated 05.08.2019.

5. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that sufficient cause has been shown for noncompliance of the order dated 05.08.2019 passed in Cr. Revision No. 1339 of 2018 within time granted by the Court.

6. In view thereof, the application is allowed.

7. Cr. Revision No. 1339 of 2018 stands restored to its original file and number.

(Ahsanuddin Amanullah, J.) Anand Kr.

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