Patna High CourtCR. MISC./81455/2019disposed

Sushant Saurabh v. The State Of Bihar

2020-06-30Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81455 of 2019 In CRIMINAL MISCELLANEOUS No.61289 of 2019 Arising Out of PS. Case No.-205 Year-2018 Thana- CHHATAUNI DistrictEast Champaran ====================================================== SUSHANT SAURABH Son of Nagina Prasad Resident of Mohalla- Arya Samaj Chowk, P.S.- Sikarpur, District- West Champaran. ... ... Petitioner

Versus

1. The State of Bihar

2. Anshu Kumari @ Anju Kumari, wife of Sushant Saurabh, D/o Ravindra Prasad, resident of Village- Belhi, P.S. Chiraiya, District- East Champaran. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Nilesh Kumar, Advocate.

For the Opposite Party:

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference.

2. The present petition has been filed for restoration of Cr. Misc. No. 61289 of 2019 as against opposite party no. 2 which was dismissed by reason of non-compliance of preemptory order dated 16.10.2019.

3. Learned counsel for the petitioner submits that one week's preemptory time was granted by order dated 16.10.2019 in Cr. Misc. No. 61289 of 2019 for filing requisites for issuance of notice to opposite party no. 2. However, owing to inadvertence on part of learned counsel for the petitioner, the same could not be complied with within the stipulated time. The order was

Patna High Court CR. MISC. No.81455 of 2019(2) dt.30-06-2020 2/2 however complied belatedly on 08.11.2019. It is further stated that while impleading the opposite party no. 2, her name was inadvertently wrongly mentioned in place of the correct name Anshu Kumari @ Anju Kumari. Her present address has also been correctly stated in para-6 of the present petition.

4. For the reasons stated in the petition, Cr. Misc. No. 61289 of 2019 stands restored as against opposite party no. 2 with her correct name and present address as above. Office to proceed accordingly.

5. The restoration petition stands allowed.

(Vikash Jain, J) Ibrar//- U T