Navendu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84285 of 2019 In CRIMINAL MISCELLANEOUS No.38784 of 2019 Arising Out of PS. Case No.-835 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== NAVENDU SINGH Son of Nand Kishor Singh Resident of Village - Rampur, P.O.- Ramauli, P.S.- Patepur, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The present application has been filed for restoration of Cr. Misc. No.38784 of 2019 which has got dismissed for default due to non-compliance of the order dated 05.11.2019. Learned counsel for the petitioner submits that in order to remove the defect an application has been filed making statement in para-3 regarding criminal antecedent of the petitioner and accordingly the defect as pointed out by the office was removed.

From perusal of the application it appears that same has not been filed in the form of supplementary affidavit. Learned counsel for the petitioner is required to file a supplementary affidavit stating therein the case number and the

Patna High Court CR. MISC. No.84285 of 2019(2) dt.22-01-2020 2/2 section of criminal antecedent of the petitioner which has been filed without affidavit.

In view of the statement made in the restoration application Cr. Misc. No.38784 of 2019 is directed to be restored to its original file, subject to removal of defect within a period of two weeks.

Accordingly, Criminal Miscellaneous No.84285 of 2019 is allowed.

(Anil Kumar Sinha, J) Prakash Narayan /- U T