IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1468 of 2008
With
Cr. Revision No. 750 of 2006
Gajendra Prasad............... Petitioners (In both the cases)
Versus
State of Jharkhand & Ors.............. Opp. Parties (In both the cases)
......
Coram: Hon’ble Mr. Justice R.K.Merathia
……
For the Petitioner : Mr. Ananda Sen, Advocate
For the Opp. Parties : Mr. A.P.P.
......
Order No. 4 September 2011
Dated the 17th
This criminal miscellaneous petition has been filed for
restoration of Criminal Revision No. 750/2006, which stood dismissed for
default due to noncompliance of the peremptory order dated 31/07/2008.
Mr. Ananda Sen, learned counsel appearing for the petitioner
submitted that there is 8 days delay in filing this petition.
On this, I heard Mr. Sen, on the merit of the Criminal Revision
No. 750/2006 after calling the records of the same. He submitted that
though the Doctor found injuries but the impugned judgment of acquittal
has been passed only on the basis that the witnesses have turned hostile;
and that the petitioner was not noticed by the learned court below.
In my opinion, no grounds are made out for any interference
with the impugned order, even if, it is accepted that the petitioner has good
grounds for condonation of delay and restoration of the Criminal Revision
No. 750/2006.
As I do not find any merit in the revision application, both the
cases are dismissed.
(R.K.Merathia, J)
Mukund/