Smt. Asha Soni v. Durgesh Kumar Soni

HIGH COURT OF CHHATTISGARH, BILASPUR ORDER SHEET CRMP No. 1376 of 2016 Smt. Asha Soni W/o Durgesh Soni Aged About 25 Years R/o Korea Mines Godripara, Police Station Chirmiri, District Korea, Chhattisgarh. ---- Petitioner

Versus

Durgesh Kumar Soni S/o Ramlochan Seth Aged About 30 Years Present R/o Constable C.R.P.F., D-148, Batalian, Bhupnagar, Kistwaad, District Dodha, Jammu & Kashmir. ----Respondent 16/01/2017 Shri Shakti Raj Sinha, Advocate for the petitioner. The present CrMP has been filed for restoration of CrMP No.943 of 2016 which got dismissed on account of peremptory order of this court on 02.09.2016.

Counsel for the petitioner submits that earlier CrMP i.e. CrMP No. 943 of 2016 was filed assailing the judgment of acquittal and where the Registry has pointed out certain defaults which could not be cured within the time granted by this court and therefore the same got dismissed on account of peremptory order. The petitioner further submits that if CrMP No.943 of 2016 is directed to be restored, the defaults pointed out by the Registry shall be cured within a week.

Accordingly, accepting the contention of petitioner, present CrMP is allowed and as a consequence CrMP No.943 of 2016 is restored to its original number subject to condition that petitioner cures the defaults as pointed out by the Registry within a period of seven days.

List CrMP No.943 of 2016 after defaults are cured. In view of the above, the present CrMP stands allowed and disposed off.

Sd/- (P. Sam Koshy) JUDGE Inder