IN THE SUPREME COURT OF INDIA
(CRIMINAL APPELLATE JURISDICTION)
DIARY No. 29743 OF 2023
Special Leave Petition (C.) D. No. ………………….
IN THE MATTER OF
Dr. BALIRAM PRASAD SINGH …Petitioner
Versus
DHANANJAY KUMAR …Respondent
WITH
M.A. NO._____________- /2024
Application for restoration of Special Leave Petition
WITH
M.A. NO.____________ /2024
Application for Condonation of delay in Filling of restoration
Application
ADVOCATE FOR THE PETITIONER: RAJNISH KUMAR JHA
IN THE SUPREME COURT OF INDIA
(CRIMINAL APPELLATE JURISDICTION)
M.A. No. …….. OF 2024
DIARY No. 29743 OF 2023
Special Leave Petition (C.) D. No. ………………….
IN THE MATTER OF:
Dr. BALIRAM PRASAD SINGH …Petitioner
Versus
DHANANJAY KUMAR …Respondent
AN APPLICATION FOR RESTORATION OF SPECIAL LEAVE PETITION
The Hon'ble Chief Justice of India
and His Companion Justices of
The Supreme Court of India.
The applicant most respectfully submits as under:
1. The applicant above named had filed the above Petition for special leave to
appeal against the final judgment and order dated 29.04.2023 passed by the
High Court of Judicature at Patna in Criminal Miscellaneous No. 79271 of
2022.
2. That matter was listed for hearing before this Hon'ble Court (in chamber) on
12.01.2024 and this Hon'ble Court had granted eight weeks' time to the Counsel
for the petitioner to cure the defects, failing which the special leave petition
shall stand dismissed without t further reference to the court. True copy of the
order dated 12.01.2024 passed by this Hon'ble Court in Special Leave Petition
(Criminal) Diary No.29743/2024.True copy of order dated 12.01.24 annexed
as annexure A-1.
3. That the counsel for the applicant could not cure defects as the translated
copies of the necessary documents were not made available by the petitioner to
his counsel and due to this reason, the defects could not be cured and the matter
was dismissed for non-prosecution.
4. That the, petitioner has a good prima facie case and has every hope of
succeeding in the petition.
5. That petitioner will suffer irreparable loss and injury if the above special
leave petition is not restored.
Prayer
It is therefore most respectfully prayed that this Hon'ble Court be pleased to:
(A) Allow the application and the Special leave petition (criminal) diary
No.29743/2023 may be Restored to its original number to be heard on merits; or
(B) Pass such other order or orders as deem fit and proper in the circumstances
of the case;
FILED BY
(RAJNISH KUMAR JHA)
ADVOCATE FOR THE PETITIONER
FILED ON:
PLACE: NEW DELHI
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
IN
DIARY NO. 297343/2023
IN
SPECIAL LEAVE PETITION(CIVIL) NO………OF 2023
IN THE MATTER OF :
IN THE MATTER OF:
Dr. BALIRAM PRASAD SINGH …Petitioner
Versus
DHANANJAY KUMAR …Respondent
AFFIDAVIT
Affidavit of Dr. BALIRAM PRASAD SINGH, aged about 55 years S/o late
Shri Kameshwar Singh, R/o Village-Kutri, Post- Naromurar, District- Nawada,
Bihar, India-805130.
I, the above named deponent do hereby solemnly affirm and state as under:-
1. That I am the complainant/victim/appellant in the above matter and in that
capacity competent to swear the instant affidavit.
2. That I am well conversant with the facts and circumstances of the case.
3. That I have gone through the contents of the accompanying application for
restoration of SLP having diary no. 29743/2023, the contents thereof are
true and correct to my knowledge as derived from the records of the case.
DEPONENT
Verification:
Verified at New Delhi on this ____ day of ……….,2024 that the contents of the
foregoing affidavit are true and correct to my knowledge, no part thereof is false
and nothing material has been concealed therefrom.
DEPONENT
IN THE SUPREME COURT OF INDIA
(CRIMINAL APPELLATE JURISDICTION)
M.A. No. …………… OF 2024
IN
DIARY No. 29743 OF 2023
IN
Special Leave Petition (C.) D. No. ………………….
IN THE MATTER OF:
Dr. BALIRAM PRASAD SINGH …Petitioner
Versus
DHANANJAY KUMAR …Respondent
APPLICATION FOR CONDONATION OF DELAY FOR FILING
APPLICATION FOR RESTORATION OF AFORE-MENTIONED SPECIAL
LEAVE PETITION
The Hon'ble Chief Justice of India
and His Companion Justices of
The Supreme Court of India.
The applicant most respectfully submits as under:
1. The applicant above named had filed the above Petition for special leave
to appeal against the final judgment and order dated 29.04.2023 passed
by the High Court of Judicature at Patna in Criminal Miscellaneous No.
79271 of 2022.
2. That there is an unintentional delay of about 159 days in filing the
application for restoration of the afore-mentioned SLP. The said delay is
due to the reason that the Petitioner/applicant could not arrange the
necessary documents and having financial hardships.
3. . That the counsel for the applicant could not cure defects as the
translated copies of the necessary documents were not made available by
the petitioner to his counsel and due to this reason, the defects could not
be cured and the matter was dismissed for non-prosecution.
4. That the, petitioner has a good prima facie case and has every hope of
succeeding in the petition.
5. That petitioner will suffer irreparable loss and injury if the above special
leave petition is not restored.
Prayer
6. It is therefore most respectfully prayed that this Hon'ble Court be pleased
to:
(A) Allow the application and condone the delay of about 149 days in
filing the application for restoration of Special leave petition (criminal)
no…… having diary No.29743/2023 ;and/or
(B) Pass such other order or orders as deem fit and proper in the
circumstances of the case;
FILED BY:
(RAJNISH KUMAR JHA)
ADVOCATE FOR THE PETITIONER
FILED ON:
PLACE: NEW DELHI
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
IN
DIARY NO. 297343/2023
IN
SPECIAL LEAVE PETITION(CIVIL) NO………OF 2023
IN THE MATTER OF :
IN THE MATTER OF:
Dr. BALIRAM PRASAD SINGH …Petitioner
Versus
DHANANJAY KUMAR …Respondent
AFFIDAVIT
Affidavit of Dr. BALIRAM PRASAD SINGH, aged about 55 years S/o late
Shri Kameshwar Singh, R/o Village-Kutri, Post- Naromurar, District- Nawada,
Bihar, India-805130.
I, the above named deponent do hereby solemnly affirm and state as under:-
1. That I am the complainant/victim/appellant in the above matter and in that
capacity competent to swear the instant affidavit.
2. That I am well conversant with the facts and circumstances of the case.
3. That I have gone through the contents of the accompanying application for
restoration of SLP having diary no. 29743/2023, the contents thereof are
true and correct to my knowledge as derived from the records of the case.
DEPONENT
Verification:
Verified at New Delhi on this ____ day of ……….,2024 that the contents of the
foregoing affidavit are true and correct to my knowledge, no part thereof is false
and nothing material has been concealed therefrom.
DEPONENT
