Abdul Majid Hasmi v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.M.P. No. 92 of 2017

1. Abdul Majid Hasmi, S/o. Shri Shiekh Ismail, aged about 70 years, R/o. Village-Manpur, Surajpur, Police Station, Tahsil and District - Surajpur (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, through : The Station House Officer, Surajpur, District - Surajpur (C.G.).

2. Chhattisgarh State Electricity Distribution Company Ltd. Surajpur, Through Its : Assistant Engineer, District- Surajpur (C.G.) ---- Respondents For Petitioner : Mr. Anil Gulathi, Advocate For Respondent No.1/State : Mr. Anupam Dubey, Dy. Govt. Advocate For Respondent No.2 : Mr. D.L. Dewangan, Advocate on behalf of Mr. Abhisek Sinha, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 24/01/2017 1.

This is a petition for extension of time.

2.

Learned counsel for the petitioner submits that by an order dated 22.12.2016, passed in M.Cr.C.(A) No.1020/2016, the petitioner was directed to appear before the Special Judge (Electricity Act) within a period of 15 days from 22.12.2016 and furnish the bail bond for the amount as may be fixed by the Special Judge.

3.

It is submitted that the certified copy of the said order was sent to the lower Court counsel by courier but due to winter vacation intervened, the same was not delivered by the courier, as such there is default in appearance. It is submitted that non-appearance of the petitioner is not deliberate or willful and it is because of non-delivery of

Page No.2 certified copy of the order by the courier.

4.

Perused the order dated 22.12.2016.

5.

Considering the facts as has been enumerated in the petition, further time of 10 days is being provided from today to the petitioner to appear before the Special Judge (Electricity Act), wherein private complaint is pending. Rest of the order dated 22.12.2016, passed in M.Cr.C.(A) No.1020/2016 shall remain as it is.

6.

With such observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Balram