Gyanchand Jain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRIMINAL MISC. PETITION NO. 1131 OF 2016 Gyanchand Jain S/o Bhola Ram Jain Aged About 39 Years R/o Avasiya Mohalla, Jaalbandha Police Station- Khairagad, District Rajnandgaon (CG) ... Petitioner

Versus

State of Chhattisgarh Through Station House Officer, Police Station Jaalbandha, Khairagad, District Rajnandgaon, Chhattisgarh. ... Respondents For Petitioner :

Ms. K. Tripti Rao, Advocate.

For Respondent :

Mr. Ashish Shukla, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20/10/2016 1.

The present petition has been filed seeking for restoration of Criminal Misc. Petition No. 806 of 2016 which got dismissed on account of peremptory order passed by this Court on 1.8.2016.

2.

Counsel for the Petitioner submits that subsequently the default on account of which the said Criminal Misc. Petition No. 806 of 2016 got dismissed by virtue of the peremptory order, has been cured. She further submits that the Petitioner is interested to pursue the said Criminal Misc. Petition No. 806 of 2016 and prays for the restoration of the same. 3.

Learned Counsel for the State does not oppose the said prayer. 4.

Considering the total facts and circumstances of the case, the present petition is allowed. Consequently, the Criminal Misc. Petition No. 806 of 2016 is directed to be restored to its original number subject to the verification by the Registry that the default has been cured or not. In case the default is not cured yet, the same shall be removed by the Petitioner within seven days from today. Sd/- (P. Sam Koshy) /sharad/ Judge