Raja Sonkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1103 of 2016 • Raja Sonkar S/o Raju Sonkar Aged About 19 Years R/o Shivpara, Bajrang Chowk , Near Gaurachaura, Police Station- Durg, DistrictDurg, Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Durg District Durg, Chhattisgarh.

---- Respondent For Petitioner Shri B.P. Singh, Advocate For Respondents/State Shri Rajendra Tripathi, Panel Lawyer SB: Hon'ble Shri Justice P.Sam Koshy Order On Board 03.10.2016

1. The present Cr.M.P. has been filed seeking restoration of Criminal Appeal No. 168/2016 which got dismissed on account of the peremptory order dated 05.02.2016.

2. Learned Counsel for the Petitioner submits that he could not cure the default within the time provided by the Court and in the course the Appeal got dismissed.

3. Learned Counsel for the Petitioner further submits that the Petitioner in the instant case still intends to seriously pursue the appeal as he

is languishing in jail.

4. He further submits that as a last opportunity three weeks time may granted for curing the defaults that were pointed out in Criminal Appeal No. 168/2016 and the present Cr.M.P. may accordingly be allowed.

5. The prayer made by the Counsel for the Petitioner is not opposed by the State Counsel.

6. Accordingly, the present Cr.M.P. is allowed and the Criminal Appeal No. 168/2016 is ordered to be restored to its original number subject to the Petitioner curing the default as pointed out in the said Criminal Appeal within a period of three weeks from today.

7. No order as to cost.

Sd/- (P. Sam Koshy) JUDGE kishore