Ramgopal Prasad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR ORDER SHEET CRMP No. 7 of 2017

1. Ramgopal Prasad S/o Lalai Prasad, Aged About 58 Years

2. Smt. Basanti Devi, W/o Ramgopal Prasad, Aged About 56 Years Both R/o Shop No. 732/ B. C. Market, Sector- 6, Police Station- Bhilai Nagar, Tehsil And District- Durg Chhattisgarh.

---- Petitioners

Versus

State of Chhattisgarh Through- The Incharge, Police Station- Bhilai Nagar, District- Durg Chhattisgarh.

----Respondent 16/01/2017 Shri Avinash Chand Sahu, Advocate for the petitioners. The present CrMP has been filed for restoration of CrMP No.653 of 2016 which got dismissed on account of peremptory order of this court on 26.07.2016.

Counsel for the petitioner submits that earlier CrMP i.e. CrMP No. 653 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.653 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.653 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.653 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