Ishaque Ahmad @ Ishaque Mian vs The State Of Bihar
2021 Latest Caselaw 899 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL MISCELLANEOUS No.79472 of 2019
                                   Arising out of
                        CRIMINAL REVISION No.1414 of 2018
     ======================================================

Ishaque Ahmad @ Ishaque Mian, aged about 37 years, male, Son of Shubhan Ahmad Resident of Village-Baidapur Bishunpura, P.S.-Daraunda, District- Siwan.

... ... Petitioner/s Versus

1. The State Of Bihar

2. Kirti Nisha, Wife of Ishaque Ahmad, Daughter of Aklu Ahmad Resident of Village-Baidapur Bishunpura, P.S.-Daraunda, District-Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the State : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021

Heard Mr. Manoj Kumar, learned counsel for the

petitioner and Mr. Humayou Ahmad Khan, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The present application has been filed for

modification of order dated 06.08.2019 passed in Criminal

Revision No. 1414 of 2018 by which the defects were to be Patna High Court CR. MISC. No.79472 of 2019 dt.17-02-2021

removed by 09.08.2019 and upon failure, the matter was

directed to be dismissed without further reference to the bench

and, accordingly, upon failure, the same was done.

3. Learned counsel for the petitioner submitted that

there was some communication gap due to which the defects

could not be removed within the time-frame fixed by the Court

and thereafter could not be done as he was not permitted to do

so by the Registry. Learned counsel submitted that the issue

relates to matrimonial discord and the Court may take a

sympathetic view in the matter.

4. Learned APP submitted that the petitioner has flouted

the peremptory order of the Court.

5. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the

application is allowed. The order dated 06.08.2019 stands

modified to the extent that the time allowed for removing the

defects stands extended to 8th March, 2021.

6. It is made clear that if by that date, the order dated

06.08.2019 passed in Criminal Revision No. 1414 of 2018 is not

complied with, the present application will be deemed to have

been dismissed.

7. If anything is required to be provided by the office Patna High Court CR. MISC. No.79472 of 2019 dt.17-02-2021

for removing the defects, the office shall do the needful so that

the present order is complied with by learned counsel for the

petitioner, within time.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T